The Second Division consisted of the regular members and in
addition Referee D. Emmett Ferguson when the award was rendered.
SYSTEM FEDERATION NO. 95, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
DISPUTE: CLAIM OF EMPLOYES: That M. Overholt, furloughed crane operator, Denver Locomotive Shop (now closed) be allowed eight (8) hours' pay at the crane operator's rate of $2.178 per hour for the days of April 2, 3, 4, 5, 6, 9, 10, and 11, 1956, and every day thereafter that said cranes are operated by any other than M. Overholt.
EMPLOYES' STATEMENT OF FACTS: M. Overholt is a furloughed crane operator with seniority at Denver Shop. L. Slack and L. W. Laughlin hold no seniority as crane operators at Denver Shop.
POSITION OF EMPLOYES: Management has claimed that due to the shops being closed employes no longer have rights to perform work of their class in the shop. Rule 28 which is quoted below for your ready reference, does not say a thing about temporary or permanent closing. It just says when work of a craft is required when shops are closed.
By reading this rule, it is clear that the meaning is just what it says and needs no interpretation. It is clear that management required work of a crane operator as they used Mr. Slack and Mr. Laughlin, who also are Burlington employes, to perform this work.
lifts and move material as required by the carrier and the disposition of the material handled had nothing to do with the dispute before us. The agreement was violated and the claim must be sustained.
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.
On September 30, 1955, Carriers locomotive shops at Denver was closed permanently and claimant Overhoit was furloughed. On May 25, 1956, the structure was sold. During April 1956 two system electricians, among other employes, worked at removing machinery from the building, and incidental thereto used some of the overhead cranes which had previously been operated by the shop electricians.
Claim is now advanced for eight hours pay for 8 days on the ground that Rule 28 has been violated. The rule in essence provides:
From the facts submitted, it is evident that this was a removal operation. It does not appear that it was "necessary to make repairs to shop machinery or perform other urgent work." This finding coupled with the understanding that system electricians should, "perform all . . . A.F.E. work" requires a denial of this claim.