DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement Carmen E. M. Vaughn and J. E. Hart were improperly assigned to a work week Wednesday through Sunday with rest days Monday and Tuesday.
EMPLOYES' STATEMENT OF FACTS: Prior to September 1, 1949, Carmen E. M. Vaughn and J. E. Hart, hereinafter referred to as the claimants, worked regularly an assignment of six days per week, Monday through Saturday, first shift hours 8:00 A. M. to 12:00 Noon and 12:30 P. M. to 4:30 P. M. on the car department repair track at Dallas, Texas.
On or subsequent to September 1, 1949, these claimants were arbitrarily assigned by the carrier to positions as car repairers, first shift, on the car department repair track at Dallas, Wednesday through Sunday with rest days of Monday and Tuesday.
It is crystal clear that the assignments to protect service on Saturdays and Sundays as are in effect at Dallas are strictly in keeping with the principles enunciated by the Emergency Board. The employes have not at any time submitted any evidence to show that the carrier had no operational need for Saturday and Sunday service at Dallas. They have merely taken the position that the staggering of work weeks of car repair forces engaged in running repair work is in violation of the "Forty Hour Work Week Agreement" and the letter-understanding dated October 6, 1950, which by their actions has been repudiated.
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 Dallas, Texas, of car repairers, Wednesday through Sunday with rest days of Monday and Tuesday. The 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 No. 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 Dallas 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.
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.