The Second Division consisted of the regular members and in
addition Referee J. Glenn Donaldson when award was rendered.
SYSTEM FEDERATION No. 91, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Carmen)
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement Carman Helper William Wingfield was unjustly deprived of his service rights when-
2. That accordingly the carrier be ordered to restore this employe to his service rights as a carman helper and compensate him for all time lost on and subsequent to June 4, 1946, less any compensation received from other employment.
EMPLOYES' STATEMENT OF FACTS: William Wingfield, hereinafter referred to as claimant, was employed as a carman helper by the carrier at Knoxville, Tennessee, on September 3, 1944, and worked in this capacity until the close of his regular shift on January 13, 1946; he being shown on all carmen helpers' seniority rosters subsequent to date of employment up to and including January 1, 1946. A copy of the January 1, 1946 roster is submitted and identified as Exhibit A.
Effective 7 A. M. January 14, 1946, this claimant was removed from the service as indicated in Mr. B. F. Moore's letter dated January 13, 1946, a copy of which is submitted herewith and identified as Exhibit B.
On April 23, 1946, the claimant who was a furloughed carman helper as a result of a force reduction as set forth in Exhibit B, was employed as a coach cleaner by the carrier and is now working in this capacity; he being shown on the coach cleaners' 1947 seniority roster at Knoxville, Tennessee, a copy of which is submitted and identified as Exhibit C.
The carrier, on June 4, 1946, employed G. J. McCullough as a carman helper and this is substantiated by Mr. G. C. Howard's letter dated July 29, 1948, a copy of which is submitted and identified as Exhibit D.
it must be found that this claimant was effectually suspended or dismissed and deprived of his service rights on June 4, 1946, and again on January 1, 1947, when his name was removed from the seniority roster and the Honorable Board Members are respectfully requested to sustain our statement of claim.
CARRIER'S STATEMENT OF FACTS: W. Wingfield was employed as coach cleaner at Knoxville May 2, 1942; promoted to carman helper September 3, 1944, and in accordance with the effective agreement dated September 1, 1943, forfeited seniority as coach cleaner; cut off in force reduction January 14, 1946. Subsequently he approached Foreman J. W. Stephens volunteering to forfeit his seniority as carman helper if given consideration for and employed as coach cleaner. Employed as coach cleaner April 23, 1946, and name removed from seniority roster as carman helper.
POSITION OF CARRIER: In removing Wingfield's name from the seniority roster, he was not deprived of any of his rights as carman helper. He approached Foreman Stephens of his own free will and agreed to give up his seniority if he were employed as coach cleaner. The seniority belonged to him only-and if he agreed to give it up, he certainly had a right to do so. In doing so, he, of course, resigned and is not entitled to have his carman helper seniority restored.
Under date of April 6 we furnished General Chairman Poteet statement signed by E. T. Gibson, clerk, West Knoxville, dated February 16, 1949, which read-
We had also previously furnished General Chairman Poteet copy of statement marked Exhibit A signed by 12 laborers at West Knoxville who at one time or another had heard Wingfield make the statement that if Foreman J. W. Stephens would reemploy him as coach cleaner he would forfeit his seniority as carman helper.
Under date of October 9, 1947, Foreman Stephens wrote General Chairman Poteet as follows:
The evidence submitted shows conclusively that Wingfield resigned as carman helper, forfeiting his seniority as such when employed as coach cleaner on April 23, 1946. It would not, therefore, be consistent to now restore his seniority as carman helper and carrier insists that claim of employes be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: 1340-4 405