The Second Division consisted of the regular members and in ad
dition Referee Edward F. Carter when the award was rendered.
SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT A. F. of L. (Machinists)
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD
COMPANY
DISPUTE: CLAIM OF EMPLOYES: That machinists Edward McLellan, Joseph Zinzer and W. O'Connor, who were forced to change shifts on August 31, 1954, be paid an additional four (4) hours pay for the first shift of this change in accordance with the current agreement, and particularly Rule 9 thereof.
EMPLOYES' STATEMENT OF FACTS: Prior to August 31, 1954 the carrier had in effect at its Des Moines roundhouse three shifts, working 8:00 A. M.-4:00 P. M., 4:00 P. M.-12 :00 M. N. and 12:00 M. N.-8:00 A. M.
Machinists Edward McLellan, Joseph Zinzer and W. O'Connor, hereinafter referred to as the claimants, were assigned as follows: O'Connor and Zinzer assigned to the 4 :00 P. M.-12:00 M. N. shift, and McLellan was assigned to the 12:00 M. N.-8:00 A. M. shift.
Effective August 30, 1954 the carrier in an effort to reduce expenses, laid off a number of junior machinists and, at the same time, abolished all machinist and helper jobs on the three shifts at this point and established two shifts to work 8:00 A. M.-12:00 N. and 1:00 P. M. and 8:00 P. M.-4:00 A. M.
The claimants having had their jobs abolished by the carrier and being unable to remain on their present shifts because those shifts no longer existed, bid on and were assigned to machinist jobs on the newly created shifts and claimed eight (8) hours at time and one-half rate for change of shift on this date.
This claim has been handled in accordance with the current agreement effective October 16, 1948 and with the carrier highest designated officer to whom such matters are subject to appeal on more than one occasion, with the result that this carrier officer has declined to adjust this dispute.
Because Claimants Zinzer, McLellan and O'Connor voluntarily bid for and their seniority entitled them to the positions to which they were assigned to begin August 31, 1954, no part of the agreement was violated. In making this seniority move, they are not entitled to pay at penalty rate for the first shift of their new assignment.
For this reason, this claim has been denied by the carrier and we respectfully request your Board to do likewise.
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.
Prior to August 30, 1954, carrier maintained a three shift operation at its Des Moines Roundhouse. Claimants were assigned to the second and third shifts. On August 30, 1954, carrier abolished all first, second and third shift positions and established two shifts to work 8:00 A. M. to 4:00 P. M. and 8:00 P. M. to 4:00 A. M. Claimants bid on and were assigned to new positions with different shifts.
The dispute is controlled by the same rules and reasoning set out in Award No. 2248. On the basis of that award, the claim must be denied.
The findings of the majority reveal that the claimants were regularly assigned to the second and third shifts; the carrier readjusted its forces, abolishing the shifts the claimants were employed on. The majority ignored the exception provided for in the second paragraph of Rule 9 when forced to exercise bidding rights in under Rule 16. Rule 9 reads as follows: