The Second Division consisted of the regular members and in
addition Referee Wilmer Watrous when the award was rendered.
SYSTEM FEDERATION No. 150 RAILWAY EMPLOYES'
DEPARTMENT AFL-CIO-SHEET METAL WORKERS
EMPLOYES' STATEMENT OF FACTS: The Cincinnati Union Terminal Company hereinafter referred to as the carrier and System Federation No. 150, negotiated and signed an agreement for advancing apprentices, helper apprentices and helpers to positions of mechanics' rate, with effective date of May 19, 1942.
Four years later the carrier and System Federation No. 150 negotiated and signed an agreement to effect seniority for helpers who were promoted to positions of mechanics' rate, with effective date of December 1, 1946.
Under date of November 12, 1951, the sheet metal workers' organization terminated the two above agreement. The carrier acknowledge the termination notice under date of November 14, 1951.
Under date of February 4, 1953, the carrier and system Federation No. 150 negotiated and signed an agreement for the sheet metal workers' craft to advance apprentices, helper apprentices and helpers to mechanics' rate.
Sheet Metal Worker Helper W. T. Vance, hereinafter referred to as the claimant, was employed by the carrier November 22, 1942, as a sheet metal worker helper; upgraded to mechanics' position by mutual agreement between the carrier and the general committee May 21, 1944, and worked as such until January 14, 1946, which is one year, seven months and twenty three days, then
At no time had Mr. Daniels ever been demoted or set back as helper, therefore he was allowed to return to the classification he held prior to his promotion as foreman. In returning he displaced another upgraded helper, Mr. Vance, the claimant in this case.
Item 2 of the claim is for a day's pay for Claimant Vance for every day he was deprived of work due to Mr. Daniels working. During the period from April 1, 1958 to March, 1959 when Claimant Vance and Mr. Daniels were both furloughed Mr. Vance worked 224 days and Mr. Daniels worked 231 days.
The key case of the four cases filed is Docket 3449 CUT-SM as Docket 3448 and Docket 3450 and this case will be predicated on the decision rendered in Docket 3449 as to whether Mr. C. C. Daniels has any rights as a helper.
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.
The findings in Award No. 3596 and Award No. 3597 are applicable to this award. The carrier was in violation of Paragraph 6 of the Memorandum of Agreement of February 4, 1953.
Since Daniels was properly placed on claimant's seniority roster, Vance was not deprived of work when Daniels exercised his seniority to displace Vance on May 2, 1958.