The Second Division consisted of the regular members and in
addition Referee James P. Carey, Jr., when award was rendered.
EMPLOYES? STATEMENT OF FACTS: At El Reno, Oklahoma, as well as at other points on this railroad, machinists for many years have been and are assigned to the overhauling and repairing of all automotive equipment, including trucks, tractors, portable cranes, etc.
Prior to February 1949, machinists made all repairs to such automotive equipment, including the electrical repairs, with the exception of two battery operated trucks in Chicago, which were maintained by electricians.
On January 19, 1949 general chairman of the electrical workers and the undersigned met with Mr. G. E. Mallery, manager of personnel, and reached an agreement on all automotive trucks, shop tractors, trucks, portable cranes, and other similar equipment. In that agreement the machinists agreed to relinquish certain work on such equipment to the electrical workers. This agreement was drafted into a letter which Mr. Mallery issued to all master mechanics on February 24, 1949, reading as follows:
The employes are claiming 8 hours pay at pro-rata rate. Actually, the amount of hours billed the carrier in this case was 5 hours and 45 minutes.
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.
On April 16, 1957 carrier sent its Chevrolet panel truck No. 104 to the Marshall Chevrolet Agency garage at El Reno, Oklahoma for repairs to the clutch, windshield wiper motor and the steering rod. The record shows that for many years machinists employed by the carrier at El Reno have overhauled and repaired automotive equipment. Employes assert that the carrier violated Rule 53 of the Agreement of October 16, 1948 and the letter agreement dated February 24, 1959 between the machinists, electricians and the carrier. The letter agreement specifically provides that with certain exceptions, not material here the machinist craft will perform all work on automotive trucks, shop tractors, trucks, portable cranes and other similar equipment. The carrier contends that it did not have the necessary parts or wheel alignment equipment on hand. The employes point out that wheel alignment was not involved.
Our Award No. 3235 sustained a similar claim on this property at Silvis, Illinois. We find no reason for reaching a different result in this docket.