SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (Machinists)
DISPUTE: CLAIM OF EMPLOYES: 1-That under the current agreement the carrier was not authorized to assign the service rights of Machinists W. R. Parton and R. S. Kallam to Foremen Sam Denham and W. S. Higdon, effective January 10, 1949.
2-That accordingly the carrier be ordered to restore these employe machinists to service with pay for all time lost retroactive to the aforementioned date.
EMPLOYES' STATEMENT OF FACTS: At West Knoxville, Tennessee, prior to January 10, 1949, the carrier maintained the following running repair forces:
so far as the performance of mechanics' work is concerned. There is nothing in the rule which says that if the work requires more men and the carrier employes mechanics, those mechanics acquire "prior rights" over foremen who had been working previously, yet the employes would read such provision into the agreement. The suggestion that men hired in 1043 acquired "prior rights" over men who had been doing the work since 1939 is indeed novel and is, obviously, so lacking in merit as to need no further answer. The protest of the employes here presented is not supported by the agreement and should be denied.
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.
Under the circumstances presented in this case, the claim is controlled by Rules 29(a) and 29(b) and comes within the exceptions provided therein. In the light thereof and the record before it, the Division concludes that the claim should be and is denied.