Award No. 3271
Docket No. 2836
2-GC&SF-CM-'59
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee James P. Carey, Jr., when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
GULF, COLORADO AND SANTA FE RAILWAY COMPANY
DISPUTE:
CLAIM OF EMPLOYES:
1. That under the current agreement the Carrier improperly
sent Carmen Apprentices B. J. Swan and H. D. Teague out on line
of road to Goldthwaite, Texas, with Carmen B. W. Stanford and
J. D. Scott to apply wheels to A. T. S. F. Car No. 86589 on June
6, 1956.
2. That accordingly the Carrier be ordered to additionally
compensate Carman A. M. Hodges and Carman Helper T. C. Page
four (4) hours each at their applicable overtime rate of pay for
the aforesaid violation.
EMPLOYES' STATEMENT OF FACTS:
The Gulf Coast and Santa
Fe System, hereinafter referred to as the carrier, on June 6, 1956 sent Carmen Apprentices B. J. Swan and H. D. Teague, who are regularly employed
as carmen apprentices by the carrier at Brownwood along with Carmen
B. W. Stanford and J. D. Scott, who are regularly employed as carmen
on the carrier's repair track at Brownwood, out on line of road to
Goldthwaite, Texas, to apply wheels to A.T.S.F. Car No. 86589. These
four (4) employes left Brownwood at 7:30 A. M. and returned at 1 :20 P. M.
Carman A. W. Hodges and Carman Helper T. C. Page, hereinafter
referred to as the claimants are regularly employed as such by the carrier
on the repair track at Brownwood, Texas. Claimant Hodges is regularly
assigned 4:00 P. M. to 12:00 Midnight-Monday through Friday, rest days
Saturday and Sunday, and Claimant Page is regularly assigned 7:00 A. M.
to 4:00 P. M. Monday through Friday, rest days Saturday and Sunday;
however, on June 6, 1956 he was working vacation relief for Carman
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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.
Parties to said dispute were given due notice of hearing thereon.
The assignment of two carmen to Goldthwaite, Texas, on June 6, 1956,
fully satisfied the requirements of Rule 112 and the additional assignment of
two apprentices on the same work was not precluded by Rule 112 but was
within the spirit of Rules 35(f) and 29(a).
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 24th day of June 1959.