DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement Mr. A. Kiebler, furloughed department foreman from Collinwood Wood Mill, Collinwood, Ohio, is not entitled to the seniority he now holds in Linndale Car Shops, Linndale, Ohio;
2. That Mr. Kiebler's seniority date in Linndale should be May 2, 1949, the day he commenced work there.
EMPLOYES' STATEMENT OF FACTS: On April 28, 1949, a merger agreement was drawn up and signed by Messrs: M. J. MeGuiness, general chairman of the carmen, New York Central System; L. Wiegand, general chairman, Cleveland, Cincinnati, Chicago & St. Louis Railway and F. R. McKernan, general chairman of the firemen and oilers, New York Central System; and A. D. Bingman, assistant to general superintendent, equipment locomotive, for the carrier, which is submitted herewith and identified as employes' Exhibit A.
On April 21, 1949 a notice was posted on the bulletin board at the Collinwood wood mill stating that effective April 30, 1949, certain positions would be abolished, a copy of which is submitted herewith and identified as. employes' Exhibit B. On April 23 another notice was posted creating positions for ten men under the carmen's craft at Linndale, these bids to close April 29 at 4:00 P. M., a copy of which is submitted herewith and identified as employes' Exhibit C.
Effective May 2, 1949, the successful bidders were transferred from Collinwood to Linndale, with their seniority date at Collinwood. Effective May 2, 1949, Mr. Kiebler transferred to Linndale as a new man and was placed on the roster with a seniority date of May 2, 1949. This date was later changed by the carrier allowing Kiebler the seniority date he held at Collinwood.
The agreement effective July 16, 1946, as subsequently amended, is controlling.
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 issue in this dispute is whether or not, under the current agreement governing the employment of Carmen, A. Kiebler is entitled to the seniority date he now holds at Linndale Car Shops, Linndale, Ohio.
Foremen as such are not subject to the controlling agreement. However, since Mr. Kiebler had been notified that he would be furloughed it cannot be said he relinquished his supervisory position voluntarily. In these circumstances he was privileged to exercise his seniority as a carman and was therefore entitled to the same consideration accorded the other Carmen who transferred from Collinwood to Linndale under the Memorandum of Agreement dated April 28, 1949.