NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (FEDERATED TRADES)
CHICAGO ROCK ISLAND AND PACIFIC RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That at Des Moines roundhouse, Iowa, the shift, with lunch period
of thirty (30) minutes, which ends at 4 :30 P. M., and the shift
beginning at 8:00 P. M., are not authorized by the current agreement.
2. That accordingly the carrier be ordered to:
(a) Additionally and daily pay time and one-half on the
actual minute basis to each employe of the six shop crafts
who performed service from 4:00 P. M., to 4:30 P. M.,
retroactive to September 12, 1947.
(b) Disestablish the 8:00 P. M. shift.
EMPLOYES' STATEMENT OF FACTS: Prior to September 12, 1947,
the carrier operated in the roundhouse at Des Moines, Iowa, three consecutive 8-hour shifts of running repair and inspection forces, each
shift beginning at 8:00 A. M., 4:00 P. M. and 12:00 Midnight.
On September 5, 1947, the carrier placed on the bulletin board the following instructions
"Des Moines will discontinue 3 shifts and will continue with
2 shifts, starting five days from this date September 10, 1947, these
shifts running from 8:00 A. M. to 4:30 P. M., with a half hour for
lunch, and from 8:00 P. M. to 4:00 A. M. straight time."
The rearrangement of shifts was made effective September 12 in lieu
of the 10th, as above stated, and the new assignments of hours are-
1.-Inspection forces-8 A. M. to 4 P. M., all classes 1.
2.-Inspection forces-4 P. M. to 12 midnight, all classes 1.
3.-Inspection forces-12 midnight to 8 A. M., all classes 1.
4.-Running repair forces-8 A. M. to 4:30 P. M., all classes 101.
1.-Running repair forces-8 P. M. to 4 A. M., all classes 18.
The agreement dated effective September 15, 1941, is controlling, and,
in accordance with the terms thereof, this dispute has been handled up to and
with the highest designated carrier officer to whom such dispute is subject to
appeal, with the result that this officer has declined to adjust it.
[290]
1241-s
295
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 thin
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 were given due notice of hearing thereon.
The carrier in this instance desired to change the number of shifts
established at this roundhouse from three shifts to two shifts. Notice was
given the employes by posting the following bulletin:
"Des Moines will discontinue 3 shifts
and will continue with 2
shifts, starting five days from this date September 10, 1947, these
shifts running from 8 A. M. to 4 :30 P. M. with a half hour for lunch,
and from 8 P. M. to 4 A. M. straight time."
The rearrangement of shifts as per this bulletin is not a violation of
the agreement. After the effective date of the bulletin, or when the two shift
arrangement was put into effect, the carrier continued a part of the running
repair and inspection force on a three shift arrangement with the following
assigned hours:
8 A. M. to 4 P. M.
4 P. M. to 12 Midnight
12 Midnight to 8 A. M.
These assignments were contrary to the provisions of Rule 3 of the
agreement; therefore, were not permissible.
AWARD
Claim to be disposed of in accord with the above findings.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 14th day of May, 1948.