The Second Division consisted of the regular members and in
addition Referee James P. Carey, Jr., when award was rendered.
SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Machinists)
EMPLOYES' STATEMENT OF FACTS: Machinist A. Palmquist, hereinafter referred to as the claimant, is regularly employed, bulletined and assigned as a lead machinist (Grade E-6) , at Ridgway, Pennsylvania enginehouse, with a relief assignment consisting of the following work schedule: Saturday-6:00 A. M. to 2:00 P.M.; Sunday and Monday-2:00 P. M. to 10 :00 P. M.; Tuesday and Wednesday-10:00 P. M. to 6 :00 A. M.; Thursday and Friday-rest days. The claimant's seniority date as a machinist is 3-25-42. E. T. Steis is regularly employed, bulletined and assigned as a lead machinist (Grade E-6), at Ridgway, Pennsylvania enginehouse, with a third shift tour of duty, 10:00 P. M. to 6:00 A. M., Tuesday and Wednesday rest days. E. T. Steis has a seniority date in the machinist class of 10-8-47.
Lead Machinist E. T. Steis was assigned a vacation period from August 30, 1956 to September 17, 1956, inclusive, in accordance with Article I, of the Vacation Agreement of December 17, 1941, as amended. The carrier's foreman at Ridgway, Pennsylvania, unilaterally assigned C. H. Thompson,
carrier conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take any such action.
The carrier has established that there has been no violation of the applicable agreement, and that the claimant is not entitled to the compensation which he claims.
Therefore, the carrier respectfully submits that your Honorable Board should deny the claim of the employes in this matter.
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.
During the period of Machinist Steis' vacation in 1956, carrier upgraded and assigned C. H. Thompson to fill that temporary vacancy. Thompson held machinist helper's seniority and, on several occasions, had been used to fill various types of vacancies as lead machinist.
On the facts and circumstances shown of record the carrier's action was within the spirit and intent of the National Vacation Agreement of December 17, 1941, and did not contravene the basic agreement. Therefore, the instant claim lacks support.
The majority in making Award No. 3281 ignored the controlling agreement rules covering the filling of machinist vacancies. Rule 5-F-1 reads as follows
The carrier filled the vacancy with another employe who held no machinists seniority, when employes holding machinists seniority were available-this is in violation of Rule 5-F-1.
Rule 2-A-5 provides that the vacancy be filled by mutual agreement between the foreman and designated representative. This was not done so Rule 2-A-5 was violated. See Award No. 2417 of this Division on this agreement rule.