DISPUTE: CLAIM OF EMPLOYES: 1. That on and since October 21, 1943, the carrier has been persistent in violating the controlling agreement and particularly Rules 26 and 116 by the improper employment of U. G. Lloyd as a passenger truck carman at Ranken Tract, St. Louis, Missouri.
2. That in consideration of the aforesaid violation the carrier be ordered to-
EMPLOYES' STATEMENT OF FACTS: On January 11, 1929 U. G. Lloyd was employed as shop laborer Chouteau Avenue shops, St. Louis, serving in that capacity up to the time Memorandum Agreement, Decision No. 91-1 was negotiated between carrier and System Federation No. 2 and thereafter until he was promoted to machinist helper, under the provisions and terms of said memorandum agreement.
Efective October 21, 1943, U. G. Lloyd was transferred from machinist helper to the position and pay of passenger truck carman at Ranken Tract passenger shop and yard, St. Louis.
POSITION OF EMPLOYES: In presenting this case for the consideration of the Honorable Board the employes desire to first direct attention to the applicable rules of controlling agreement, viz., Rules 26 and 116 thereof, as set forth below:
Rule 26 (a) None but mechanics or apprentices regularly employed as such shall do mechanic's work as per special rules of each craft, except foremen at points where no mechanics are employed.
Rule 116. Any man who has served an apprenticeship, or who has had four years' experience as a carman, and is capable of performing car work, and who with the aid of tools with or without drawings can lay out, build or perform the work of his craft or occupation in a mechanical manner within a reasonable length of time, may qualify as a carman.
The above quoted rules are clear and understandable and definitely obligate the carrier not to assign or employ any individual to perform mechanic's work unless such employe can show proof that he is a qualified carman (mechanic) by either having served his apprenticeship or worked at the carman's trade for four or more years.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
U. G. Lloyd was promoted from machinist helper to passenger truck carman. Lloyd never had previous experience as a mechanic, and was not eligible nor was he advanced under the memorandum of agreement covering upgrading of helpers. He was, therefore, improperly advanced and should be returned to his former position.