The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L.-C. I. O. (Machinists)
EMPLOYES' STATEMENT OF FACTS: Machinists B. B. DeMuth and H. A. Huebner, hereinafter referred to as the claimants, are regularly employed, bulletined and assigned as Grade "C" machinists, 2n the carrier's Den, nison, Ohio Enginehouse. Claimant B. B. DeMuth has a first shift position with bulletined hours of 7:00 A. M. to 3:30 P. M., Monday through Friday, with Saturday and Sunday rest days. Claimant H. A. Huebner holds a vacation relief position (bulletined), and was filling a vacation vacancy on the third shift at the time of the claim. Claimant B. B. DeMuth has a machinist seniority date of October 19, 1922. Claimant H. A. Huebner has a seniority date as machinist from June 21, 1923. The duties of the position held by B. B. DeMuth, as advertised and awarded, consist of the following: "Making maintenance repairs to machinery and equipment, inspecting and making maintenance repairs to trucks and buses; and in addition making maintenance repairs to air com-
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 applhcation of agreements concerning rates of pay, rules or working conditions." The National Railroad Adjustment Board is empowered only to decide the said 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.
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.
This claim involves the same assigned positions, the same agreement, and the same contentions as decided in Award No. 3663. The facts here are similar except that the work here claimed was that of maintenance and repair of an auto truck crane assigned to the Maintenance of Equipment Department instead of trucks assigned to Maintenance of Way Department as in the prior case. We find no distinction in principle.
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.