The Second Division consisted of the regular members and in
addition Referee David R. Douglass when award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Electrical Workers)
DISPUTE: CLAIM OF EMPLOYES: 1. That at the Atlanta Pullman Shops on November 28, 1953, the Pullman Company violated controlling agreement when one of their representatives failed to properly distribute overtime in the Electrical Department.
2. That Electrician G. F. Tennant be compensated for the time that Electrician J. G. Hayes was assigned to work overtime on November 28, 1953, at the time and one-half rate.
EMPLOYES' STATEMENT OF FACTS: That at the Atlanta Pullman Shops on Saturday, November 28, 1953, it was necessary to work an electrician to assist Electrician C. D. Settles to work on an A. C. motor generator. Electric Shop Foreman Redden knew that Electrician G. F. Tennant was next out to work as he contacted one of the committeemen regarding same. After he was told by the committeeman that Electrician Tennant was next out for overtime, he said he was not going to let him work. He then assigned Electrician J. G. Hayes to work on the job.
The agreement effective July 1, 1948, as subsequently amended, is controlling.
POSITION OF EMPLOYES: That The Pullman Company violated the rules of the controlling agreement when one of their representatives failed to properly distribute overtime under Rule No. 36 and the memorandum of understanding signed by The Pullman Company and System Council No. 24; Rule No. 36 reading in part:
The foregoing portion of Rule 36 clearly states that all time worked outside of bulletined hours shall be equally distributed.