The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
RAILROAD DIVISION, TRANSPORT WORKERS UNION OF
AMERICA, A. F. of L.-C. I. O.
THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY
AND THE LAKE ERIE AND EASTERN RAILROAD COMPANY
POSITION OF EMPLOYES: That the job held by Car Inspector H. Seely at Lansingville was his job by advertisement and award and when it worked on January 1, 1958 he was entitled to work the job.
That the carrier after cutting off this job on account of the holiday had no right to call or use any other employe on H. Seely's job, but should have used H. Seely if the job worked.
That since the carrier did use another employe to do the work that should have been done by H. Seely, that H. Seely be compensated eight (8) hours at the punitive rate of pay for January 1, 1958.
The Organization submitted the case to Mr. A. B. Bjork, Master Mechanic-Car under date of January 23, 1958.
The carrier respectfully submits that the employes have failed to cite any rule of the Agreement that was violated.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employ e 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.
Claimant was one of three second shift car inspectors going on duty at Lansingville Yard. No work being expected, the three jobs were cut off on the holiday in order to reduce holiday work to a minimum as required by the agreement, but some work subsequently developed and a car inspector who went on duty at another yard was sent to perform the work. The employes contend that the work at Lansingv ille Yard belonged to claimant and he should have been used to perform it. No issue of seniority was raised on the property or here until it was raised on rebuttal.
As held in Awards 3144, 3208 and 3337, all involving the same parties and the same agreement as the present claim, the only service boundaries for car inspectors established by the agreement are the seniority districts and a car inspector has no prior right to work because it arises at his headquarters point. Those awards should control us here.
The Claimant was awarded and holding his position under Rule 39 - a seniority rule. The employes cited this fact in the submission presented to this Board. Therefore he had a prior right to work his position on the holiday.