Award No. 2193
Docket No. 2018
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Adolph E. Wenke when the award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Electrical Workers)
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY (Coast Lines)
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current applicable Agreement the Carrier
improperly assigned others than San Bernardino Shop Electrical
Workers to make electrical repairs to trolley wires, electric feeders
to crane motors, erecting bay, San Bernardino Shops, consisting of
the removal of the old trolley wires and installing new trolley wires,
electric feeders to crane motors, November 6 and 7, 1954, 7:00 A. M.
to 11:30 A. M.; 12:00 Noon to 3:30 P. M., San Bernardino Shops,
San Bernardino, California.
2. That accordingly, the Carrier be ordered to pay San Bernardino Shop Electrical Workers, T. H. Shorey, F. A. Servatius,
C. F. Fuller, E. M. Gatlin, O. W. Hicks, J. D. Rawls and W. N. Hoar,
for the aforesaid time consumed in this work in violation of contract,
eight (8) hours Saturday, November 6, 1954 and eight (8) hours
Sunday, November 7, 1954, at the applicable time and one-half rate.
EMPLOYES' STATEMENT OF FACTS:
Electrical Workers T. H.
Shorey, F. A. Servatius, C. F. Fuller, E. M. Gatlin, O. W. Hicks, J. D. Rawls
and W. N. Hoar, hereinafter referred to as the claimants, are hourly rated
employes, regularly employed by the Atchison, Topeka and Santa Fe Railway
System, hereinafter referred to as the carrier, Monday through Friday, rest
days Saturday and Sunday, in the mechanical department in the San Bernardino Shop electrical department as construction, maintenance and repair
electrical workers, on electrical equipment shops, yards, stationary and rolling
stock, San Bernardino, California.
On Saturday and Sunday, November 6 and 7, 1954, the carrier assigned
shop extension department electrical workers to perform electrical work on
the aforementioned San Bernardino Shop electrical equipment, the removal of
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It has been established that:
1) Rule 29(a), referred to by the employes, has no significance in this dispute. Shop extensions electrical workers are regularly assigned and have seinority at the point.
2) Memorandum of agreement July 17, 1944 did not contemplate transferring any work from the shop extensions department
other than that performed on diesel locomotives.
3) Last phrase of first sentence, letter signed A. B. Young,
August 1, 1944, referred only to shop or bench work on motors,
such work being performed elsewhere than at the machine or equipment from which removed, and that letter is not pertinent to this
dispute.
4) Work of this nature was regularly performed by shop extensions electrical workers prior to August 15, 1944. (The organization's unsuccessful attempt to prove the July 17, 1944 agreement authorized a change in the handling of such work is their
admission that prior to that date it was performed by shop extensions electrical forces).
5) It was proper that shop extensions electrical forces perform the work involved in this dispute.
6) The work involved in this dispute is not "motor maintenance" as was relied upon by the organization to support its case.
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 parties to said dispute were given due notice of hearing thereon.
This claim involves the same type of work and the identical question as
in Docket 2017 except for the dates on which the work was performed and
the individuals for whom the claim is made. The work herein involved was
performed on Saturday and Sunday, November 6 and 7, 1954 and the claim
is for seven (7) named Shop force electrical workers.
What was held in our Award 2192, based on Docket 2017, is here applicable and controlling. In view thereof the claim must be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 1st day of August, 1956.