SYSTEM FEDERATION No. 29, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carter Hines and W. D. Hells are furloughed coach cleaners having worked for the carrier at Artesia, Mississippi and having seniority at that point only.
June 7, 1956 carrier called these two employes to perform extra and relief work at St. Louis Coach Shop and on June 8, 1956 both were required to file applications that they were available at all times to perform extra and relief work; copies of applications are submitted and identified as Exhibits A and A-1.
This dispute has been handled with the carrier up to and including the highest officer so designated by the company, with the result that he has declined to adjust it.
The agreement effective July 1, 1946, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that nothing in the August 21, 1954 Agreement provides that furloughed employes can perform relief work at points where they hold no seniority,
It is further submitted that Article IV, Note I, of the August 21, 1954 Agreement
prohibits furloughed employes from doing extra work. However, on July 11 and 12, 1956, Carter Hines was used when no one was laying off. 3163-5 471
and requires that furloughed men be given preference of employment at other terminals. Rule 31 of the Southern Region Shop Crafts Agreement is similar to Rule 26 quoted above.
The facts related hereinfore completely and entirely refute the contention of the employes that Willie D. Hells and Carter L. Hines were improperly assigned to perform extra and relief work as coach cleaners at St. Louis beginning June 7, 1956. The two men were employed at St. Louis, having filled out regular application forms, and they established seniority as coach cleaners at St. Louis effective June 7, 1956. They were employed to fill long-time vacancies due to the fact there were no employes available having contractual rights to this work.
Furthermore, even if Willie D. Hells and Carter L. Hines had been improperly assigned to perform extra and relief work as coach cleaners at St. Louis, which they were not, claimants would not be entitled to compensation of any kind on all the dates for which claims were made because they were not available for service on all of them.
For the reasons hereinbefore given, carrier submits that the instant claims are without merit and should be denied; and prays your Honorable Board to so hold.
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 approvd June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
St. Louis is a Northern Region Terminal. There was need for two coach cleaners to fill in for two regular men who were off sick. Carter Hines and Willie Hells were experienced coach cleaners who had been furloughed at Artesia, Mississippi, on the Southern Region.
Hines and Hells went to work at St. Louis, June 7, 1956. One July 3, 1956, Bulletin 45 was posted advising of the two sickness vacancies. There were men furloughed at the time at another point on the Northern Region who could not be reached by the carrier.
Disregarding the fact that Hells and Hines had furlough status outside St. Louis, we believe the organization has failed to show that the Northern Region men who were furloughed were available to fill the needs of the carrier at St. Louis. That being so, carrier was justified in filling the complement by employing Hells and Hines in anticipation of the protracted sickness of the two absentees. However, until the sickness vacancies were advertised, the carrier erred in using Hines and Hells to the exclusion of senior St. Louis men who were entitled to bid for all work which appeared and was available. If the posting of Bulletin 45 had preceded the employment of Hells and Hines, there could be no claim. 3163-6 472