A. NIELIWOCKI, J. PAWELCZAK, J. COMISKEY, C. DREHS,
AND L. RATAJSKI, Machinists.
DISPUTE: CLAIM OF EMPLOYES: (1) That the following employes, Machinists, Nieliwocki, Pawelczak, Comiskey, Drehs and Ratajski were discriminated against when the carrier refused to dovetail them on the Collinwood Diesel Shop roster with their West Albany Shop roster date the same as other West Albany Shop employes.
(2) That the carrier be ordered to dovetail the above named employes on the Collinwood Diesel Shop roster with their West Albany Shop dates.
EMPLOYES' STATEMENT OF FACTS: The above named employes were furloughed from the West Albany shops on September 28, 1951, due to dieselization of the railroad. Mr. Nagle, superintendent of West Albany shops advised the employes who were furloughed that under rule 29 of the current agreement they could go to work at Collinwood diesel locomotive shop, the employes involved in this dispute took advantage of this offer and all started work at the Collinwood shops sometime in the month of October, 1951.
In March, 1952, five months after the employes involved had started work at the Collinwood diesel shops, they were advised by a letter dated March 5, 1952, that the employes who were furloughed in the reduction in forces on September 28, 1951, at West Albany shops would have displacement rights at the Harmon locomotive terminal, this was five months after the said employes had started work at Collinwood shops and as most of them had regular jobs they stayed at Collinwood.
Further reductions in forces were made at West Albany shops in the year of 1952 and then on November 14, 1952, a letter was sent to all furloughed employes who were furloughed subsequent to March 5, 1952 (we call your attention to the date of March 5, 1952; this is the date of the letter sent to the employes involved in this dispute giving them displacement rights at Harmon terminal) at West Albany hops giving them the right to transfer to Collinwood diesel shop with their seniorty date that they held at West Albany shops or the De Pew shop date as the case might be, copy of said letter is submitted herewith and identified as exhibit A. About seven machinists transfered and had their seniority date dovetailed in on the Collinwood shop roster.
The carrier has clearly shown that there is no basis for the request of the claimants in the instant case. Therefore the claim should be denied in its entirety.
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 duly accredited representatives of the parties to the controlling agreement have the power to negotiate agreements or memorandums of agreement so long as they apply to the craft and class alike and do not discriminate against any employes covered by same.
The question of whether an injustice occurred to the claimants in the chain of events which led to the situation in which they now find themselves, is highly technical and one, the Division believes, which should be resolved by the parties to the memorandums of agreement here involved. The claim is therefore remanded for a period of ninety days in order that the parties to the agreement may, if possible, satisfactorily resolve the matter in dispute. If, at the end of ninety days, no settlement satisfactory to all concerned is reached, the dispute may again be referred to the Division by the petitioners.