The Second Division consisted of the regular members and in
addition Referee Harry Abrahams when the award was rendered.
SYSTEM FEDERATION NO. 83, RAILWAY EMPLOYES'
DEPARTMENT, AFL (Machinists)
EMPLOYES' STATEMENT OF FACTS: Machinists Cox and Smith, hereinafter referred to as the claimants, are employed by the carrier at Chattanooga, Tennessee, Craven Shops. Machinist Walkup is employed Monday through Friday 8:00 A.M. to 4:30 P.M. with rest days Saturday and Sunday. Machinist Cox is employed Tuesday through Saturday 9:30 P.M. to 6:30 A.M., with rest days Sunday and Monday. Machinist Smith is employed on relief shift, Friday, Saturday and Sunday, 8:00 A.M. to 4:30 P.M., Sunday and Monday 9:30 P.M. to 6:30 A.M., with rest days Wednesday and Thursday. On January 11 and 12 and 20, 1954, Electrician Foutch was assigned to perform machinists' work while machinists were employed on same shift, on diesel engine No. 24.
The agreement effective December 30, 1944, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that the action of the carrier in assigning others than machinists to perform machinists' work is
As the circumstances in the Hills Park 1941 claims were not the same as those involved at Cravens Shops on the dates here involved, the settlement made in the Hills Park claims does not support the employes' position in the instant claims, but, on the contrary, supports carrier's interpretation of the rule.
The provisions of the third paragraph of Rule 26, in effect on the dates for which claims are made, modified the rights of mechanics of the respective crafts to the performance of work included in the classification of work rules of the respective crafts, to the extent of permitting mechanics employed at points, other than Nashville, where there was not sufficient work on any shift to justify employing a mechanic of each craft, to perform the work of any craft that may be necessary.
As previously stated, there was not sufficient work of the respective crafts at Cravens on the dates here involved to warrant employing a mechanic of each craft.
It is therefore carrier's position that the provisions of the rule which provide:
(1) There has been no improper assignment of others than machinists to perform machinists' work.
(2) That in view of the provisions of the third paragraph of Rule 26 and the interpretative practice followed, there is no contractual basis for the Board to order the carrier to discontinue using others than machinists to perform machinists' work.
In view of the foregoing there is no contractual basis for the employes' claims and same should be denied.
As to (3) the employes' request that claimants be compensated for two hours and forty minutes at overtime rate. Subject to and without waiving its foregoing contentions, carrier submits it has been held by this and other Divisions of the N.R.A.B., when some employe, other than a claimant, has performed at a pro rata rate work properly belonging to claimant at an overtime rate, the pro rata is sufficient to make whole the claimant. See Second Division Award 1601.
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.
As of January, 1954, after the conversion from Steam to Diesel power had been completed in 1951, there was not sufficient work at the Cravens Shops in Chattanooga, Tennessee, to maintain Mechanics of all six shop crafts. This resulted in a reduction to the following assignment:
On January 11, 12 and 20, 1954, the Electrician was assigned to perform Machinist's work on a Diesel Engine while the Machinists were employed on the same shift.
Rule 26 of the said agreement applicable to the matter herein reads as follows:
After January of 1954, at the Cravens Shops in Chattanooga, Tennessee, there was not sufficient work to justify employing a Mechanic of each craft, Only Mechanics of the Machinists', Electricians' and Carmen's craft were there employed. Consequently, under the said Rule, the Mechanic or Mechanics so employed at the said Cravens Shops could be assigned so far as he may be capable to perform the work of any craft that may be necessary even though the Mechanic of the other craft may also be on duty.