The Second Division consisted of the regular members and in

addition Referee Thomas C. Begley when the award was rendered.


PARTIES TO DISPUTE

SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Electrical Workers)






1. That the Pullman Company violated the current agreement when on December 24, 1955, they issued a furlough notice to Electricians J. Teixeria, J. Lewter, W. E. Behmer, V. Sanchez, F. Schwarz, M. J. Callahan, N. Pagliero, A. Laris, M. C. McCabe, J. L. Garrido, R. M. Vincent, E. Hein and C. Taylor.



EMPLOYES' STATEMENT OF FACTS: On December 24, 1955, Foreman W. J. Welch posted notices abolishing the following positions effective December 25, 1955:











2702-10 357

rest days were Monday and Tuesday (Exhibit A, pp. 7-8), the organization requests 8 hours. The company submits that whether or not December 25 and 26 were the rest days attaching to the positions from which the employes involved in this dispute were furloughed, effective December 25, 1955, the employes (Behmer excepted) were not entitled to perform the work incident to those positions and no adjustment is due.


                CONCLUSION


In this ex parte submission the company has shown that Article IV of the November 2, 1954, Agreement is controlling and that no rule of the agreement between The Pullman Company and its electricians was violated when, effective December 25, 1955, the company furloughed certain electricians in the San Francisco District. Also, the company has shown that no employe is due an adjustment and that all employes have been properly paid.


    The claim of the organization is without merit and should be 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 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.


For the reasons advanced in the findings in Docket No. 2472, Award 2701, we find that this claim should be denied.


                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


ATTEST: Harry J. Sassaman
Executive Secretary

Dated at Chicago, Illinois, this 6th day of December, 1957.