NATIONAL RAILROAD ADJUSTMENT BOARD
The
Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. - C. I. O. (Machinists)
THE PENNSYLVANIA RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
(1)-That the overhauling and maintenance of over-the-road
buses and trucks, comes within the scope of the current Agreement as
Machinists' work.
(2)-That the Pennsylvania Railroad Company, on July 14, 1956,
and subsequent dates, violated the Agreement, when they placed
certain trucks and buses tin private garages for service and repairs,
thereby damaging the employes of the Machinist Craft.
(3)-That accordingly the Pennsylvania Railroad Company be
ordered to:
(a)-Restore the Grade "C" Machinist position at Dennison, Ohio Enginehouse (which was abolished on account of
this action by the Carrier).
(b)-Desist from unilaterally transferring the repair and
maintenance work on said trucks and buses to outside local
garages.
(c)-Compensate Machinist B. B. DeMuth, for five (5)
days' pay each month, from July 14, 1956, and continuing
until final settlement of this claim.
EMPLOYES' STATEMENT OF FACTS: Machinist B. B. DeMuth, hereinafter referred to as the claimant, is regularly employed, bulletined and assigned as a machinist (C-Grade), in the carrier's Dennison, Ohio shops, with
first shift assigned hours of 7:00 A. M. to 3:30 P. M., Monday through Friday,
with Saturday and Sunday rest days. The claimant has a machinist seniority
date of October 19, 1922. The claimant obtained his advertised position in
August, 1955, by exercising seniority over L. O. Dodson, who had been on
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3664-23
732
See also Third Division Awards 6673, 6207 and 6096, wherein the same principle has been enunciated.
III. Under the Railway Labor Act, The National Railroad Adjustment
Board, Second Division, Is Required To Give Effect To The Said
Agreement And To Decide The Present Dispute In Accordance
Therewith.
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 agreement, which constitutes the applicable agreement between this
carrier and the Railway Employes' Department, A. F. of L., and to decide the
present dispute in accordance therewith.
The Railway Labor Act, in Section 3, First, 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 agreement concerning rates of pay, rules or working conditions." The
National Railroad Adjustment Board is empowered only to decide the isafid
dispute in accordance with the agreement between the parties to it. To grant
the claim of the organization in this case would require the Board to disregard
the agreement between the parties, hereinbefore referred to, and impose upon
the carrier conditions of employment and obligations with reference thereto
not agreed upon by the parties to the applicable agreement. The Board has
no jurisdiction or authority to take any such action.
CONCLUSION
The carrier has conclusively shown that there has been no violation of
the applicable agreement in the instant case and that the employes' claim is
without merit.
Therefore, the carrier respectfully submits that your Honorable Board
should deny the claim of the organization 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.
Parties to said dispute were given due notice of hearing thereon.
This claim involves the same claimant and like service, agreement and
contentions as decided in Award No. 3663 and should be controlled thereby.
3664-24
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of February, 1961.
LABOR MEMBERS DISSENT TO AWARDS NOS. 3663, 3664 and 3665
The evidence of record in this dispute shows that the automotive equipment involved in this dispute had been serviced and repaired in the shop at
Dennison, Ohio, and the majority so state in the findings - then they proceed
to erroneously construe the intent and meaning of Rule 5-F-1 and the Graded
Work Classification of the current agreement. Therefor Awards Nos. 3663,
3664 and 3665 are in error.
/s/ Edward W. Wiesner
/s/ R. W. Blake
/s/ Charles E. Goodlin
/s/ T. E. Losey
/s/ James B. Zink