NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Carmen)
THE WICHITA TERMINAL ASSOCIATION
DISPUTE: CLAIM OF EMPLOYES: The car inspectors employed by
Wichita Terminal Association were unjustly deprived of their service rights
when-
a) Beginning Sunday, August 14, 1949 and each Sunday thereafter
to date, and beginning Saturday, September 3, 1949 and each Saturday
thereafter to date, Santa Fe carmen were assigned to perform the regular
duties of the Wichita Terminal Association inspectors.
b) In consideration of the foregoing, Car Inspectors J. L. Hinshaw,
J. A. Rector and L. J. Smith are each entitled to be compensated for all
time lost at the rate of time and one-half.
EMPLOYES' STATEMENT OF FACTS:
First, J. L. Hinshaw, J. A.
Rector and L. J. Smith, hereinafter referred to as the claimants, are regularly employed by Wichita Terminal Association as car inspectors, hours of
assignment prior to August 14, 1949 being: Hinshaw, 7 A. M. to 3 P. M.,
7 days per week. Rector, 3 P. M. to 11 P. M., 7 days per week. Smith,
11 P. M. to 7 A. M., 7 days per week.
On August 13, 1949 the following bulletin was posted (employes'
Exhibit A), reading:
"Wichita, Kansas-August 13, 1949-15-3
Chief Car Inspectors
Effective tomorrow-August 14-car inspectors will not work
on Sundays until further notice, i.e., their assignment will be Monday to Saturday, inclusive.
(s) F. R. Walker
Superintendent- TT AGENT"
advising claimants that their weekly assignment was changed, and henceforth they would work Monday through Saturday.
On August 16, 1949 local chairman of carmen wrote Mr. F. R. Walker,
superintendent (employes' Exhibit B)-his letter reading in
part as follows:
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(3) claim as appealed to the chairman of the managing board involved only a claim for payment for Sundays not worked by
car inspectors from August 14, 1949, forward, no mention
being made in formal appeal of general chairman of claim
for payment for Saturdays not worked from September 3,
1949, forward.
(4) general chairman of the carmen's brotherhood gave the carrier no advise of the intention of the carmen's brotherhood to
appeal the claim in the instant dispute to the Second Division
of the National Railroad Adjustment Board.
(5) notice of Michael Fox, acting president of the Railway Employes' Department, dated November 1, 1950, file 14B-310Scope-2057, to the Second Division of the National Railroad
Adjustment Board, giving notice of intention to file an ex
parte submission in the instant dispute, contains a statement
of the dispute, which involves a question not properly before
the Board for the reason that this question has not been handled with the carrier. That part of the dispute (in paragraph
"a") as set forth in Mr. Fox' letter of November 1, 1950,
which reads:
" . . and beginning Saturday, September 3, 1949, and each
Saturday thereafter to date . . ."
has not been presented, handled or progressed to the carrier.
On these five (5) counts alone the dispute as presented by the carmen's
brotherhood is not properly before the Second Division and if considered
by the Second Division, with the assent of the carrier, it should only be with
the understanding that the carmen's brotherhood will furnish the carrier
with some assurance that in the future the proper handling will obtain.
In conclusion the carrier reiterates that there is no merit to or schedule
support for the claim in the instant dispute, which must 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.
The parties to said dispute were given due notice of hearing thereon.
This case was conferred upon by the parties in interest on June 12,
1951, following a hearing before this Division on February 27, 1951.
However, the conference adverted to failed to adjust this particular
dispute; and now having the matter for disposition, this Division finds that
the respondent carrier did not relinquish complete jurisdiction of the work
complained of until July 1, 1950, and thinks the dispute ought to be disposed of by an analogous application of Rule 6 (d) of the current working
agreement to each shift on each Saturday and/or Sunday here involved,
provided of course that others than Wichita Terminal Association inspectors
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actually performed interchange inspection work on any shift on said days
which was ordinarily performed on other days of the week under the jurisdiction of The Wichita Terminal Association.
AWARD
Claim disposed of per findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 12th day of July, 1951.