SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Machinists)
DISPUTE: CLAIM OF EMPLOYES: 1. That under the controlling Agreement Machinist Joseph Imperiale was unjustly dealt with when the Carrier refused to permit him to exercise his seniority by displacing a junior machinist, R. W. Blackburn, on July 3, 1958, such displacement to become effective on July 6, 1958.
2. That the Carrier be ordered to permit Machinist Imperiale to complete the displacement he attempted on July 3, 1958 and compensate him at the Grade E rate of pay for July 4 and July 6, 1958 and for all subsequent time and money lost (including overtime) and all benefits he may lose, as a result of Carrier's said action, until final settlement of this claim.
EMPLOYES' STATEMENT OF FACTS: Joseph Imperiale, hereinafter referred to as the claimant, is employed by the Pennsylvania Railroad Company, hereinafter referred to as the carrier, at the Wilmington, Delaware Seniority Point. He stands No. 322 as a machinist on the Wilmington roster with a seniority date of June 7, 1945.
R. W. Blackburn is employed as a machinist at Wilmington Enginehouse, Wilmington Seniority Point. He stands No. 341 as a machinist on the Wilmington roster with a seniority date of February 18, 1946.
In early May, 1957, by agreement between the foreman of Wilmington enginehouse and the local chairman of the machinists, under the provisions of Rule 2-A-5 of the schedule agreement, the claimant was transferred to Wilmington enginehouse to fill the vacancy of E. F. Brady, machinist, who was off sick at the time. On Bulletin 840-1-SC, dated May 13, 1957, Machinist Brady's vacancy was advertised as job No. 6. The claimant placed a bid for job No. 6 and was awarded the job effective May 27, 1957. A copy of "Notice Of Awards To Bulletin No. 840-1-SC," was posted May 21, 1957 and showing Job No. 6 awarded to Claimant.
Claimant worked as a machinist at Wilmington enginehouse from May, 1957 to February, 1958. This is verified by the carrier in the joint statement
Therefore, the carrier respectfully submits that your Honorable Board should deny the claim of the employes 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.
Joseph Imperiale, the claimant is employed as a machinist by the carrier at the Wilmington, Delaware Seniority Point, with a seniority date of June 7, 1945.
R. W. Blackburn is employed as a machinist by the carrier at the Wilmington Enginehouse, Wilmington Seniority Point, with a seniority date of February 18, 1946.
Claimant worked as a machinist at Wilmington Enginehouse from May 1957 to February 1958. In February 1958 he elected to bid on a machinist job in the wheel shop, as a result of that bid he was awarded Job 13, January 24, 1958. He continued to work at Wilmington Back Shops until July 3, 1958. During force reductions he was demoted to machinist helper. On July 3, 1958, during force reduction, he was displaced as a machinist helper, and his seniority standing did not present any further bumps by him at Wilmington Back Shops.
On July 3, 1958, claimant went to the office at Wilmington Shops and made a bump against R. W. Blackburn Machinist, Wilmington Enginehouse. Mr. Bender, Acting Enginehouse Foreman refused to accept claimant's bump, and on the same day, July 3, 1958 wrote Mr. J. Imperiale the following letter:
It is the contention of the employes that there is no justification, under the Agreement for the Carrier's refusal to accept the bump against Machinist R. W. Blackburn at Wilmington Enginehouse, and that by so doing it not only violated the agreement, but acted in an arbitrary and discriminatory manner against the claimant.
Rule 3-B-3 of the agreement governs the exercise of seniority by employes, and reads as follows:
Under this rule, one of the conditions precedent to awarding a position to an employe is that he possess the required fitness and ability to perform the duties thereof. 3748-15 711
The claimant possessed the necessary seniority to hold the position involved in this dispute. "Seniority rights should not be so lightly overlooked. Seniority, properly established, is an increasing equity in a right to preference." (See Award No. 2910.) Previously he held a like position at the Wilmington Enginehouse for over eight months without a question being raised regarding his qualifications during that period. He should have been placed on the position as requested by him in the exercise of his seniority.