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. L O. (Machinists)
EMPLOYES' STATEMENT OF FACTS: Machinist E. I. Lunger, hereinafter referred to as the claimant, is regularly employed, bulletined and assigned as a lead machinist (Grade E-6 ), at Ridgway, Pennsylvania enginehouse, with second shift tour of duty, 2:00 P. M. to 10:00 P. M., daily except Sunday and Monday. The claimant's seniority date as a machinist is 9-1-49. E. T. Steis is regularly employed, bulletined and assigned as a lead machinist (Grade E-6), at the 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 wth Artcle I of the vacation agreement of December 17, 1941, as amended. The carrier's foreman at Ridgway, Pennsylvania, unilaterally assigned C. H. Thompson, assigned laborer, who held a regular assignment as a relief assigned laborer, with tour of duty of 6:00 A. M. to 2:00 P. M. on Saturday, Sunday and
The carrier submits, therefore, that even assuming a violation of the applicable agreement in the instant case, which the carrier denies, the claimant would only be entitled to the compensation claimed at the straight time rate of pay.
It is respectfully submitted that the National Railroad Adjustment Board, Second Division, is required by the Railway Labor Act, to give effect to the said agreements, which constitute the applicable agreements between the parties and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, subsection (i), confers upon the National Railroad Adjustment Board the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions." The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the agreement between the parties to it. To grant the claim of the employes in this case would require the Board to disregard the agreement between the parties hereto and impose upon the 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.
This claim involves the identical questions presented in Award No. 3281 (Docket No. 2894). Our decision in that docket is also determinative of the instant claim. 3282-1 s 749