The Second Division consisted of the regular members and in

addition Referee James P. Kiernan when the award was rendered.


PARTIES TO DISPUTE

SYSTEM FEDERATION NO. 121, RAILWAY EMPLOYES'

DEPARTMENT, AFL (Machinists)




TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL RAILROAD

OF NEW ORLEANS








EMPLOYES, STATEMENT OF FACTS: Machinist A. B. O'Connor's job in Reclamation Plant was abolished on February 25, 1957. He made written request to displace Machinist E. E. Cayard, Sr., off of lathe job in machine shop, mechanical department. He was not allowed displacement rights as provided for under Rule 37 of our current agreement and is presently performing other jobs in the machine shop assigned to him by his foreman. The seniority rosters in the reclamation plant and the mechanical department were consolidated as of May 15, 1948 and the mechanics of the respective crafts, including the machinists, hold common seniority therein.


An identical case and claim was handled on this same property in 1941 and the contentions of the employes were sustained by this Division without the assistance of a referee, (see Award No. 714-Docket No. 731, National Railroad Adjustment Board, Second Division.


The agreement, effective September 1, 1949, as subsequently amended, is controlling.



2920-8 152









The carrier incorporates here by reference its submission in Docket 1758, resulting in Award 1904 by the Second Division of the National Railroad Adjustment Board, and requests the Board to dismiss or deny this claim because neither the agreement nor the Railway Labor Act furnishes any basis for .sustaining it.


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.








2920-9 153









Machinist Cayard was assigned and held the assignment until he was displaced by claimant. Claimant wrote the following letter to M. A. O'Connor, Tool Supervisor, and to Leo Schols, Chairman shop committee:




Claimant was so assigned and Cayard exercised his seniority by placing himself on a temporary vacancy in the same shop. Cayard now holds a temporary assignment and claimant holds the permanent assignment formerly held by Cayard, by reason of Cayard's successful bid on Bulletin No. 10.


Bulletin No. 10 was a request for bids for "Machinist in Machine Shop" nothing more. We are unable to find that claimant was or is entitled to any special machinist work by reason of holding an assignment advertised in Bulletin No. 10.


The Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans filed a separate submission requesting they be dismissed for the reason they do not operate at Marshall, Texas, and have no employes subject to the jurisdiction of this Board at Marshall, Texas. Claimant did not challenge or offer any rebuttal to this statement.




Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans is dismissed from this proceeding.





ATTEST: Harry J. Sassaman
Executive Secretary

Dated at Chicago, Illinois, this 30th day of July, 1958.



This Division interpretated Rule 37 of the current agreement with Memorandum being a part of said rule in Award No. 714 made without the assistance of a referee, when we said:



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S. D. Young's assignment was disturbed and he should have been permitted to place himself on position of his choice under this Memorandum of Agreement."

Award No. 2920 is in error since the agreement requires the carrier to grant the request of Machinist O'Connor to place himself on a position of his choice when his assignment is disturbed.



                      /s/ R. W. Blake


                      /sl Charles E. Goodlin


                      Is/ T. E. Losey


                      /s/ Edward W. Wiesner