The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when the award was rendered.
SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L: C. I. 0.(Carmen)
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement General Foreman H. Johnson was improperly used to temporarily fill the position of Upholstery Shop Foreman Carl Hogan, while he was off on vacation from June 16 to June 27, 1958, inclusive.
2. That accordingly the Carrier be ordered to additionally compensate Carman Upholsterer Steven Patrick, the difference between what he earned as an upholsterer and what he would have earned if assigned to fill the position of Upholstery Shop Foreman Carl Hogan during the period he was off on vacation.
EMPLOYES' STATEMENT OF FACTS: At the Jackson Street Shops, St. Paul, Minnesota, the Great Northern Railway Co., hereinafter referred to as the carrier, employs Upholstery Shop Foreman Carl Hogan to supervise upholsterers in the Upholstery Shop. When Upholstery Shop Foreman Hogan took a vacation from June 16 to June 27, 1958, both dates inclusive, the carrier assigned and used General Foreman H. Johnson to fill the position of Upholstery Shop Foreman Hogan.
Carman Upholsterer Steven Patrick, hereinafter referred to as the claimant, is regularly assigned as an upholsterer and was available to fill the vacation period of Foreman Hogan.
This dispute has been handled with all officers of the carrier designated to handle such disputes, including the highest designated officer of the carrier, all of whom have declined to make satisfactory adjustment.
The agreement effective September 1, 1949, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is respectfully submitted that under the provisions of Rule 45 of the controlling agreement, which reads in pertinent part as follows:
It has been previously stated herein that Foreman Hogan's position was blanked between June 16 and June 2 7, 1958, during which period Foreman Hogan was on vacation. It has also been stated herein that carrier did not assign either a foreman or mechanic to fill Foreman Hogan's temporary vacancy. In addition, it has been pointed out herein that General Foreman Johnson in the normal course of his duties as over-all supervisor of all shops and departments, including the upholstery shop, included within Jackson Street Shops, provided all of the incidental supervision necessary for the continued operation of the upholstery shop during Upholstery Shop Foreman Hogan's absence. In other words, there was no necessity or need for carrier to assign any employe exclusively to the supervision of the upholstery shop. Further, there is no rule contained in the controlling agreement which would prohibit carrier from blanking the foreman's position as in the instant case. In addition to the above, Article 6 of the vacation agreement of December 17, 1941, which reads as follows, specifically states that a carrier shall not be required to provide a relief worker to cover situations as in the instant case:
From the foregoing, it can readily be ascertained that this claim of the employes is entirely unsupported by rule and since it is completely lacking in merit, it must be denied.
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.
On the authority of Awards 1628 and 2337, and the General Foreman's statement: "I signed all timeslips and requisitions and took care of the general duties of the foreman", the Claim must be sustained. 3764-7 17 9