DISPUTE: CLAIM OF EMPLOYES: 1. That within the meaning of the controlling agreement, the carrier stands in violation thereof, due to the fact R. J. Cassandra was unjustly dealt with at Long Island City Spur Yard, New York Division, Eastern Region.
2. We claim R. J. Cassandra, Electrician, Long Island City Spur Yard, should be compensated for eight (8) hours at the Grade E. punitive hourly rate of pay for March 29, 1952.
3. This claim is due to the working of L. Horvath this date, in violation of the controlling agreement pertinent of which are Regulations 2-A-1, 2-A-4 and the existing overtime agreements, as authorized by Regulation 4-C-2.
EMPLOYES' STATEMENT OF FACTS: There is an agreement between the parties to the dispute, dated July 1, 1949 and subsequent amendments, copies of which are on file with the Board and are, by reference hereto, made a part of this statement of facts.
At Long Island City spur yard, New York Division, Eastern Region, the Pennsylvania Railroad Company, hereinafter referred to as the carrier, employes a force of electricians and helpers.
R. J. Cassandra, hereinafter referred to as the claimant, is regularly assigned as an electrician, tour of duty 7:59 A. M. to 3:59 P. M.-rest days Thursday and Friday.
Louis Horvath is regularly assigned as an electrician helper, Sunnyside yard, tour of duty 3:59 P. M. to 11:59 P. M.-rest days, Tuesday and Wednesday.
On Saturday, March 29, 1952, position of electrician at Long Island City spur yard, tour of duty 3:59 P. M. to 11:59 P. M. was under advertisement and vacant, pending award. Louis Horwath was assigned to cover this vacancy on this date.
Long Island City spur yard and Sunnyside yard are at different locations in the same seniority district.
This claim was processed on the property of the carrier, as provided for in the effective agreement.
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.
Louis Horvath, senior qualified demoted electrician, was employed as Electrician Helper on the 3:59 P. M. to 11:59 P. M. shift at Sunnyside Yard.
On March 29, 1952 carrier assigned Horvath as Electrician to fill a temporary position on the 3:59 P. M. to 11:59 P. M. shift at Long Island City Spur Yard pending permanent assignment of senior employe bidding on the position in question.
Sunnyside Yard and Long Island City Spur Yard are in the same seniority district.