The Second Division consisted of the regular members and in
addition Referee Mortimer Stone, when award was rendered.
DISPUTE: CLAIM OF EMPLOYES: That under the current agreement Equipment Repairman Clarence Maneke was unjustly treated and the provisions of the current agreement were violated when the Carrier abolished his position an the first trick at Springfield, Missouri, and subsequently assigned the duties of his former position to C. B. Brock with a title of Communication Maintainer.
EMPLOYES' STATEMENT OF FACTS: Prior to May 1, 1958, Clarence Maneke, hereinafter referred to as the claimant, was employed by the St. LouisSan Francisco Railway Company, hereinafter referred to as the carrier, in the communication department as an equipment repairman.
The claimant was assigned to a work week of Monday through Friday, with Saturday as a "stand-by" or "subject to call" day and Sunday as a rest day.
He was paid on a monthly basis and his daily hours of service were 7:30 A. M. to 4:00 P. M. His headquarters were Springfield, Missouri.
On January 7, 1952, Bulletin No. 2-C was posted, advertising a position at Springfield, Missouri, for equipment repairman.
son. However, this omission is made with the distinct understanding that should the employes include in their submission to this Board any contentions with reference to such division lineman position, the carrier reserves the right to reply to such contentions and to submit evidence with respect to its position concerning such matter.
For any and all reasons fully outlined herein, carrier submits that employes' statement of claim is completely lacking in merit or agreement support and respectfully requests this Board to so find and to deny such claim in its entirety.
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.
By agreement of August 25, 1953 a new classification of "Communications Maintainer" was included in the classifications of linemen's work set out in Rule 2, without restriction as to its performance of any type of communications work set out in the rule, hence including the work performed both by Equipment Repairmen and Division Linemen.
Under date of May 5, 1955 further agreement was made as to the establishing of Communications Maintainer positions on an hourly basis, but in negotiating that agreement carrier agreed by letter dated May 2, 1955 that:
C. E. Robertson, claimant in Docket No. 3495, was the employe assigned as Division Lineman in Springfield Terminal, and claims under the above quoted paragraph numbered 3. Clarence Maneke, claimant in Docket No. 3481, was a regularly assigned Equipment Repairman in Springfield and relies on the letter agreement above set out.
Effective May 1, 1958, carrier abolished the position of Division Lineman, with territory adjoining Springfield Terminal, and notified claimant Robertson that the territory of his position was being increased to include the territory of the abolished position. On the same date Claimant Maneke's position was abolished. Then a new Communications Maintainer position was established 3615-18 lgg
on an hourly basis at Springfield Terminal and the employe assigned to that position was used thereafter to perform virtually all the work in Springfield Terminal formerly performed by both Robertson and Maneke.
It is not contended that the work formerly performed by Claimant Maneke had disappeared. His position as first shift Equipment Repairman was abolished and an hourly rated position of first shift Communication Maintainer was established whose duties included those formerly performed by him. This was done without negotiation and was hence in violation of the letter agreement. The fact that claimant bid in another position after his position had been abolished was not a waiver of his rights.
On or about May 1, 1958, the Carrier abolished the position of Division Lineman, with territory adjoining Springfield Terminal, and extended the territory of claimant Division Lineman Robertson. On or about the same date, the Carrier abolished claimant Equipment Repairman Maneke's position, whose duties were principally confined to Springfield Terminal, and also establishing a new position of Communications Maintainer on an hourly rate basis in Springfield Terminal.
The last sentence in the penultimate paragraph of the Findings in both Awards reads as follows:
When the majority holds that an employe on a Communications Maintainer position on a five-day, forty-hour work week assignment can absorb "virtually all the work in Springfield Terminal" formerly performed by two monthly rated employes whose monthly rates of pay comprehend 211 hours, such holding hardly finds in our estimation substantial support in the record. Notwithstanding, however, the majority nevertheless proceeds to direct the Carrier as to how it shall conduct its operations when they direct the Carrier by sustaining awards to reestablish the Equipment Repairman position at Springfield and to reestablish the assigned territory of the claimant Division Lineman at Springfield, Missouri-all contrary to the Carrier's unrestricted prerogative to make the changes mentioned in the opening paragraph.