The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 109, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: January 7, 1960, Warren Glass was employed as a carpenter at Reading Locomotive Shop, Reading, Pennsylvania. His name was placed on the carmen's seniority roster as of the first day worked even though he has had no previous experience working at the carmen's craft, his experience as carpenter being solely confined to outside industry.
The placement of his name on the carmen's seniority roster has been protested along with our request that his name be removed from said seniority roster up to and including the highest officer so designated by the carrier, all of whom have declined to adjust it.
POSITION OF EMPLOYES: It is submitted that within the meaning of Rule 107, reading as follows:
Warren Glass did not have on January 7, 1960, the required four years' practical experience at carmen's work, and that the carrier has failed to bring
The foregoing correspondence delineates the carrier's position with respect to the application of the shop crafts rules to the instant dispute. Under rules in effect, carrier has always had the right to hire a qualified machinist, electrician, sheet metal worker, etc., who would be placed on the proper craft seniority roster as of the date of hire. It has in the past hired upholsterers and afforded them seniority as of the date of hiring. The right of carrier to so hire mechanics is not and has not been restricted or considered restricted by any rule in the schedule agreement or any interpretation of existing rules in effect on the property.
In connection with the carmen's Special Rules, "Rule 107, Qualifications," provides in part that "Any man . . . who has had four (4) years practical experience at Carmen's work . . . shall constitute a carman." Rule 108, Classification of Work, provides that "Carmen's work shall consist of . . ." and then lists the multitudinous variety of carmen's work. Obviously, no one man performs all of these tasks, which fact is clearly evidenced by the carmen's rosters which show thereon the employe's occupation, such as painter, welder, car inspector, packer, carpenter, etc. Carrier maintains that obviously, in the absence of a restrictive rule, it retains the right to hire qualified personnel to handle mechanics' positions.
Under all the facts and circumstances, carrier submits that it had every right to hire Warren Glass and afford him a seniority date of January 7, 1960. He is a well qualified carpenter, able and skilled and carrier respectfully requests the Board to deny the claim of the organization in its entirety.
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.
In Awards 644, 1146, 3375 and 3376, all rendered during the period 1941 to 1959 by this Division without referees, similar claims under practically identical rules have been sustained, and this claim necessitates the same disposition.