NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 22, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
ST. LOUIS-SAN FRANCISCO & TEXAS RAILWAY COMPANY
DISPUTE:
CLAIM OF EMPLOYES: 1. That within the meaning of the
former controlling agreement, particularly Rule 18, the carrier improperly
granted H. S. Peavy 19 years and 4 months' service rights as a machinist at
Sherman, Texas.
2. That the carrier be ordered to change the date of H. S. Peavy on the
machinists' seniority roster at Sherman, Texas, from December 1, 1924, to
April 1, 1944.
EMPLOYES' STATEMENT OF FACTS:
Mr. H. S. Peavy has served the
carrier in the following positions-
(a) Machinist at Fort Worth, Texas, during the period of February
28, 1923, to November 30, 1924.
(b) Erecting foreman at Sherman, Texas, during the period of December 1, 1924, to January 1, 1925.
(c) Machinist at Fort Worth, Texas, during the period of January 1,
1925, to July 31, 1925.
(d) Night foreman at Fort Worth during the period of August 1,
1925, to January 1, 1926.
(e) Foreman at Brownwood during the period of January 1, 1926, to
May 31, 1930.
(f) Roundhouse foreman at Sherman, Texas, during the period of
June 1, 1930, to April 29, 1931.
(g) Foreman at Brownwood during the period of May 1, 1931, to
April 30, 1935.
(h) Roundhouse foreman at Sherman during the period of May 1,
1935, to April 1, 1944.
When Mr. Peavy was removed as a foreman at Sherman on January 1,
1925, he returned to Fort Worth as a machinist where he originally held his
seniority rights as such.
[399]
1092-s
404
"In regard to the case of Mr. H. S. Peavy restoring Mr. Peavy's
seniority in the Sherman Shop where he did not work as Machinist,
only
as foreman.
I am filing a protest of this case. My claim is that Rules 14 and 31
of Shop Craft Agreement were violated in giving Mr. Peavy his seniority from date first employed at Ft. Worth, Texas 12-1-24.
In the event you do not concur in my opinion, please set date for
conference."
It is our position correct seniority date of Mr. Peavy as machinist at Sherman, Texas, is December 1, 1924.
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.
The parties to said dispute waived right of appearance at hearing thereon.
Under the provisions of the agreement, Macinist H. S. Peavy holds seniority at Fort Worth, Texas, unless he elects to remain at Sherman, Texas,
in which event his seniority as a machinist at Sherman, Texas, will date from
April 1, 1944.
AWARD
Claim disposed of as per the above findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling,
Secretary
Dated at Chicago, Illinois, this 21st day of June, 1945.