The Second Division consisted of the regular members and in addi
tion Referee Dudley E. Whiting when the award was rendered.
EMPLOYES' STATEMENT OF FACTS: A reclamation plant consisting of all crafts, with the exception of boilermakers who have since been employed in the reclamation plant, was established at Sedalia, Missouri, in the year 1926. The rates of pay established at that time were sub-standard, however, from time to time through negotiations these rates of pay were all standardized in unison with the -rate of employes in the back shops and train yards, that is, with the exception of the welders.
There were two rates of pay for carmen mechanics-one group performing work classified under Subdivision No. 4, which includes mill work in this instant case, draws the passenger car rate; the other group, consisting of all other carmen, performing work covered under the freight carmen's classification, namely; building and repairing motor cars, lever cars, hand cars, station trucks and various types of carpenter work and equipment on baggage wagons, flat wagons for freight house use, crossing signs, safety arms, telephone booths, all kinds of bins, racks, pallets and skid boxes which are used
You will note paragraph (a) states that "Seniority . . . shall be confined to the point and seniority subdivision employed," and it should also be observed that wood mill mechanics (carpenters) and locomotive carpenters are confined to seniority subdivision No. 4, whereas freight carmen are confined to seniority subdivision No. 6 (all other carmen).
So it is conclusive that carpenters in the reclamation plant are not freight carmen, have never been recognized as such by the organization or the carrier, and that the work these carpenters perform is in no way comparable to the work performed by freight carmen. They are confined to a different seniority subdivision by the provisions of Rule 25 (c) of the Shop Crafts Agreement between the same parties as those here before your Board. To now contend that carpenters in the reclamation plant are freight carmen within the meaning of the language contained in the New York Agreement, and are thus entitled to the monetary provisions of that Agreement, is to beg the question and fly in the face of the historic distinction which has always been recognized by both parties.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: 2675-22 141
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 basic issue here is whether carpenters in the Sedalia Reclamation Plant are "freight carmen" within the coverage of the agreement of June 4. 1953. In the rules' agreement they are listed as "Carmen-Carpenters" and on June 4, 1953 they were receiving the freight carmen's rate of pay.
It appears that the term freight carmen has been used to describe mechanics of the carmen's craft who are not passenger carmen, because the latter receive a premium rate of pay. The employes here involved were so described in an agreement dated August 10, 1945, which provided in part as follows:
The four-cent (4c) increase provided by the June 4, 1953 agreement was applied to the rates of pay of the carpenters here involved. The carrier asserts that such application was an error. No attempt was made to change it until January 27, 195'5 and no actual change was effected until December 1, 1955.
Upon this record we find that the carmen-carpenters in the Sedalia Reclamation Plant are comprehended by the term freight carmen in the June 4, 1953 agreement.
The claim seeks interest but there is no basis therefor in the rules and this Board is not a court of general jurisdiction, so such request must be denied.