Award No. 2520
Docket No. 2280
2-IC-CM-'57
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in addi
tion Referee Dudley E. Whiting when the award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT A. F. of L.-C. I. O. (Carmen)
ILLINOIS CENTRAL RAILROAD COMPANY
DISPUTE:
CLAIM OF EMPLOYES:
1. That under the current agreement the Illinois Central Railroad Company improperly denied Car Inspectors P. Fleming, S. J.
Papiez, P. J. O'Malley, P. Rodriguez, H. Ravesloot, G. W. Smit, J. S.
Kubon, M. W. Hovanes, E. Johansen, E. Boettger, A. Rosenberger,
J. A. Perko, F. M. Wlodek, J. J. Garvis, S. J. Martinez and Carmen
Helpers R. Diaz, F. Tillman, E. Clark, S. J. Cabala and M. Bridges
employment on one of their days involved in their regular assigned
work week of 40 hours consisting of 5 days of 8 hours each, namely
Saturday, December 25th, 1954.
2. That under the current agreement the Illinois Central Railroad Company improperly denied Car Inspectors P. Fleming, S. J.
Papiez, E. Johansen, E. Boettger, A. Rosenberger, J. Nesiewicz,
W. J. Chandler, P. Rodriguez, H. Ravesloot, G. W. Smit, J. S. Kubon,
J. J. Garvis, S. J. Martinez and carmen helpers S. J. Cabala, F. Tillman, E. Clark and R. Diaz employment on one of their days involved
in their regular assigned work week of 40 hours consisting of 5
days of 8 hours each, namely Saturday, January 1st, 1955.
3. i'hat accordingly the Illinois Central Railroad Company be
ordered to make these Claimants whole by additionally compensating
each of them in the amount of 8 hours at the time and one-half rate
respectively on the dates of December 25th, 1954 and January 1st,
1955.
EMPLOYES STATEMENT OF FACTS:
The Illinois Central Railroad
Company, hereinafter called the carrier, made the election at Markham
Yards, Chicago, Illinois, to regularly create and designate a work week of
40 hours consisting of 5 days of 8 hours each with 2 consecutive days
off in each 7, to which the above named employes of the carmen's craft were
subject, hereinafter referred to as the claimants, and this is confirmed by
the submitted copies of memorandums identified as Exhibits A and B.
[6927
2520-34
725
for rotating Sunday and holiday work among employes on 7-day
assignments. (3) In any case the status of 7-day `continuous service'
positions was altered by the 40-Hour Week Agreement. Under the
latter, positions `necessary to the continuous operation of the carrier'
were not obligated to work seven days under any and all circumstances. (4) The 40-Hour Week Agreement established no guarantee
of minimum hours or days of work in agreements where none pre.
viously existed. (5) Having found no compelling evidence of such
a guarantee before the advent of the forty-hour, five-day work
week, we find none now. (6) We therefore conclude that the instant
claim merits denial." (Emphasis added)
As there has been no violation of the agreement and no basis for the
employes' claim, request is made by this carrier that it be accordingly denied.
FINDINGS: The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that
The carrier or carriers and the employes 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.
The issue presented by this claim is identical to that decided by our
Award No. 1606, which involved the same parties. The award is consistent
with our subsequent awards upon the same issue and there are no rules or
agreement provisions which justify a reversal thereof.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman,
Executive Secretary
Dated at Chicago, Illinois, this 21st day of June, 1957.
DISSENT OF LABOR MEMBERS TO AWARDS Nos. 2520 and 2521
The finding of the majority to the effect that there are no rules or
agreement provisions which justify a reversal of Award No. 1606 is not in
accord with the facts.
Rule 1 (a) of the current agreement requires that "a work week of 40
hours shall consist of five days of eight hours each" and the Forty Hour
Week Agreement by its very title is a guarantee of forty hours work per
week for the employes governed thereby.
The instant Holidays came within the regularly assigned forty hour
week of the claimants and by refusing to work the claimants on such Holidays
the carrier deprived them of part of their regularly assigned work week.
The majority findings ignore the carrier's duty under the terms of the agreement to work on such Holidays employes assigned to work-weeks that include
such Holidays.
2520-35
726
The schedule agreement, as amended September 1, 1949, recognizes and
preserves the rules, rate of pay, and working conditions of the claimants
and stands as a protest against a repetition of the error in Award No. 1606.
R. W. Blake
Charles E. Goodlin
T. E. Losey
Edward W. Wiesner
James B. Zink