SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement Carmen P. Neri, L. E. Castro and Carman Helper L. Granlee, were improperly assigned to a work week Wednesday through Sunday with rest days of Monday and Tuesday.
EMPLOYES' STATEMENT OF FACTS: Prior to September 1, 1949, Carmen P. Neri, L. E. Castro and Carman Helper L. Granlee, hereinafter referred to as the claimants, worked regularly an assignment of six days per week, Monday through Saturday, first shift hours 7:30 A. M. to 12:00 Noon and 12:30 P. M. to 4:00 P. M. on the car department repair track at Bakersfield, California.
On or subsequent to September 1, 1949, these claimants were arbitrarily assigned by the carrier to positions as car repairers and helper on the first [5447 1645-4 547
mains little to add to what has previously been said, except to note that during hearings on the several cases before this Board the employes have repeatedly stated that there is no dispute between the parties as to the propriety of staggering car repair track forces-that the sole issue is whether the facts establish that duties, service or operations which are needed to be performed seven days per week were performed prior to September 1, 1949.
POSITION OF CARRIER: The carrier submits that it has clearly and conclusively demonstrated by its submissions and exhibits in the cases covered by Dockets 1479 and 1480 that it is necessary to its continuous operation at Bakersfield that the service, duties or operations here involved be performed seven days per week, and were performed seven days per week prior to September 1, 1949. This practice is strictly in keeping with the principle enunciated in the Emergency Board's Supplemental Report of February 27, 1949, from which the following is quoted:
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.
Claimants were assigned on or about September 1, 1949, to positions at Bakersfield, California, of car repairers and helper, Wednesday through Sunday with rest days of Monday and Tuesday. They contend they should have been assigned Monday through Friday, with rest days of Saturday and Sunday. Claim is made for wage losses sustained because of the alleged improper assignment.
The controlling rules are the same as those involved in Award 1644, and the interpretations there made are incorporated herein by reference. The burden is upon the employes to show that the carrier misapplied the agreement in establishing seven-day positions at Bakersfield for the employes assigned to the work of making running repairs on cars coming into that point. This they have failed to do by the greater weight of the evidence. The result is therefore controlled by the reasoning of Award 1644 and a denial award is in order. 1645-5 548
Prior to September 1, 1949, the "regular bulletined hours" for car department repair track forces were Monday through Saturday (six days a week) in conformity with Rule 2 of the Agreement effective August 1, 1945. The "Regular bulletined hours" of these forces did not include Holidays.
The agreement as amended September 1, 1949 did not change the "regular bulletined hours" of the repair track forces and did not authorize the inclusion of Sundays or Holidays in the weekly five day assignment of these forces. (See Second Division Awards 1432, 1443, 1444).
The Letter Agreement of October 6, 1950 constitutes a mutual settlement of the dispute regarding staggered work weeks for repair track forces. Since the instant repair track force is not employed at one of the points where a staggered work week is authorized, the majority erroneously excluded such point from the application of the aforementioned Letter Agreement. The claims should have been sustained retroactive to and including October 16, 1950.