DISPUTE: CLAIM OF EMPLOYES: That under and by reason of the Statement of Facts herein, the Carrier disregarded the Petitioner's rights of seniority by laying him off from work on February 28, 1958, and by not permitting him to return to work except for the period from December 15, 1958 to January 6, 1959, and by employing in his place and stead during said period one R. H. Broady, a member of Class "C" of workmen, inferior to Class "B" of which the Petitioner was a member; and the Carrier thereby denied him his rights arbitrarily, unlawfully, and in violation of the rules of seniority.
EMPLOYE'S STATEMENT OF FACTS: Petitioner states that the International Brotherhood of Firemen, Oilers, Roundhouse and Shop Laborers, is an unincorporated assocition with a local chairman located and with members residing in Paducah, Kentucky, including this petitioner, as members thereof; that at all times complained of herein there was a labor agreement in effect between said labor union and the carrier, providing rules and regulations relating to the classification of employes, rights of seniority, and working conditions generally; and that said union was authorized to enter into said labor agreement with the carrier for and on behalf of the petitioner and for all of its other members employed at the aforesaid railroad shops in Paducah, Kentucky.
2. The aforesaid labor agreement contained, among others, the following provisions:
ment under which claimant asserts his rights, are in agreement that the claim has no merit. In Third Division Award 6822, the Board said:
The claim of Elmer Jackson is not supported by the rules, and the parties to the controlling agreement are in accord that it is not valid. The claim should be denied.
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.
The record shows that the claimant had a Class "C" seniority date of November 6, 1951, whereas the employe he is attempting to displace appears on the Class "C" seniority roster with a date of April 30, 1943-eight and one-half years prior to the seniority of the claimant.