The Second Division consisted of the regular members and in
addition Referee James P. Kiernan when the award was rendered.
EMPLOYES' STATEMENT OF FACTS: The records indicate the carrier established at West Oakland on October 8, 1936, a System Tool Repair Shop, now known as the System Maintenance of Way Repair Shop. The personnel of this shop when first established consisted of one (1) foreman and nine (9) mechanics who performed the work here involved along with other mechanics work. The mechanics in this shop were what is known as composite mechanics, they performed work of all crafts.
On May 1, 1948, the several organizations comprising System Federation No. 114 entered into an "Agreement Between Southern Pacific Company (Pacific Lines) and its Employes in the Maintenance of Way Department (Work Equipment-Roadway Machines) and (Scales Sub-Departments) Rep-
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, findq 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.
This claim is founded on the alleged violation of Rules 14 (a), 39 and 40 of the controlling agreement. Claimants contend that the carrier unilaterally assigned the duties of the machinist position, held by Machinist C. Y. de Kay, to a clerk and removed from the agreement work formerly comprising claimant's position and transferred and assigned such work to a newly created position of clerk outside the scope of the machinists' agreement.
Claimant asks that the position be restored to the scope of the machinists' agreement, and that he be paid additional compensation of eight (8) hours at time and one-half rate of pay for January 16, 1956 and for each date thereafter that clerks or other employes not subject to the provisions of the machinists' agreement were used to perform the work here involved.
The work in question was performed in the Maintenance of Way Repair Shops, West Oakland. California and is described as: "obtaining, checking, receiving and shipping of machine parts and supplies, and any other general machinist work."
Claimant held the position, and performed the work described, until it was abolished on January 16, 1956. The work was assigned to a clerk, under the scope rule of the Brotherhood of Railway and Steamship Clerks' Agreement, as a result of Award 7203 of the Third Division of the National Railroad Adjustment Board. In that award the Board said:
The work herein claimed was performed by a machinist many years before the agreement was consummated, yet such work was not included in any rule. In Second Division Award 2372 the Board said in part as follows:
There is nothing in Rule 40 that refers to the work here under discussion, except as may be inferred from "and all other work generally recognized as machinists' work." We do not find that "the obtaining, checking, receiving and shipping of machine parts and supplies" to be generally recognized as 2914-13 101