The Second Division consisted of the regular members and in
addition Referee Curtis G. Shake when the award was rendered..
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, AFL (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Pullman Company, hereinafter called the carrier, maintained at Atlanta, Georgia, a seniority roster subdivision exclusively consisting of carmen painters and there were four of them employed and two on furlough at the time this dispute occurred.
The carrier, nevertheless, on August 24 and 25, 1955, elected to either stand by or authorize the trucks of pullman cars Luther Calvin Norris and Babbling Brook painted by R. F. Ling and C. W. Leming, employed by the Southern Railroad as carmen painters at Atlanta, which is confirmed by the submitted copies of letters dated at Atlanta, Georgia, November 9, 1955, addressed "To Whom It May Concern", signed by R. F. Ling, painter Southern R.R., and C. W. Leming, painter Southern R.R., respectively, identified as Exhibits A and A-1.
The painting of trucks on these aforesaid pullman cars was performed by the above named painters on car Luther Calvin Norris during the period of 10:15 A.M. to 11:45 A.M., Wednesday, August 24, and on car Babbling Brook during the period of 10:30 A.M. to 12:00 Noon, Thursday, August 25, 1955, which occurred within the regularly assigned hours of work and days of work of Carman Painter H. L. Pettis, .hereinafter referred to as the claimant, whose assignment of days was from 8:00 A.M. to 4:30 P.M. Mondays through Fridays, with off days Saturday and Sunday.
right to paint trucks on sleeping cars in the Southern Yard, Atlanta, under the conditions here present. Also, the company has shown that at the time the current carmen's agreement was negotiated it was the practice in the Atlanta District for railroad employes to paint trucks, which practice grew out of a mutual understanding between The Pullman Company and the Southern Railroad. Finally, the company has shown that Second Division Award 1799 supports the company's position in this dispute.
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 carrier (Pullman Company) maintains a seniority roster at Atlanta consisting of four painters. On August 24 and 25, 1955, two of these painters were working and two were on furlough. During claimant's assigned hours on said dates the carrier either authorized or permitted the trucks of two Pullman cars to be painted by employes of the Southern Railroad. For this alleged infraction of the agreement the claimant demands that he be compensated for six hours.
Except as otherwise stated above, the facts of this case and the contentions of the parties are identical with those stated and considered in Docket 2439, Award 2610, and on the authority of that Award the claim will be sustained.