Award No. 2668
Docket No. 2513
2-CGW-FT-'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:
CHICAGO GREAT WESTERN RAILWAY COMPANY
SYSTEM FEDERATION NO. 73, RAILWAY EMPLOYES'
DEPARTMENT, AFL (Federated Trades)
DISPUTE: CLAIM OF CARRIER:
(5') Claim that the Carrier is contracting work covered by
and in violation of the Scope Rules in the Shop Craft Agreement.
CARRIER'S STATEMENT OF FACTS:
Above claim was included in
Strike Docket and Ballot dated January 30, 1956, which was actually submitted to the employes April 5, 1956. Parties were unable to compose their
differences in conference during period July 9 to 12, inclusive, 1956, and
carrier was notified on July 13, 1956, that the labor organizations, parties
to this claim, had "set a strike date for seven A. M. Central Standard Time,
July 18, 1956", at which time employes represented by the organizations
would cease work for the carrier.
Claim is predicated upon special rules of the involved craft (in this case
Rule 100 of Electrical Workers' Special Rules) and Rule 24 of agreement
(hereinafter referred to as Shop Crafts' Agreement) effective February 1,
1924 (Reprinted June 1, 1954) between the Chicago Great Western Railway
Company and employes represented by organizations composing System
Federation No. 73, reading as follows:
"(a) None but mechanics or apprentices regularly employed
as such shall do mechanics' work as per special rules of each craft,
except foremen at points where no mechanics are employed.
"(b) This rule does not prohibit foremen in the exercise of
their duties to perform work.
"(c) At outlying points (to be mutually agreed upon) where
there is no sufficient work to justify employing a mechanic of each
craft, the mechanic or mechanics employed at such points will,
so far as capable, perform the work of any craft that may be
necessary."
[92]
2668-5
96
First (i) of the Railway Labor Act, as Amended, they are not properly
referable to your Board.
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.
Disposition of this claim is governed by our Award No. 2664 (Docket
No. 2509') .
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 26th day of November, 1957.