The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award was rendered.
SYSTEM FEDERATION NO. 154, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman John Chalkowsky is a furloughed carman holding seniority with the Illinois Terminal Railroad Company, hereinafter referred to as the carrier, in seniority district No. 3 only. On dates of July 24 and 25, 1961, the carrier assigned him to perform relief service at McKinley junction shops in seniority district No. 2 in the absence of Carman Virgil Phillips. The hours worked were 4:00 P. M. to 12:00 Midnight.
Carmen J. E. Davidson and W. E. Coons, hereinafter referred to as the claimants, hold seniority in district No. 2 and are regularly assigned at McKinley junction shop. They were off duty and available to be called at the time and on the days for which claim is made in their behalf.
This dispute has been handled with the carrier up to and including the highest officer so designated by the company, with the result that he has declined to adjust it.
The agreement effective September 1, 1949, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is the position of the employes that rule 31 of the current agreement, which is quoted in part, and reads:
loughed employe should be allowed to place bread and butter on the table of his family. We believe he should and we feel that the above quoted rule allows him to do so. Rule 29 when read in conjunction with Article IV of the August 21, 1954 agreement along with the sound reasoning of Referee Howard A. Johnson, as seat out in award 3972, supports the carrier. We ask that claim 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.
Carman Chaikowsky was on furlough from Carrier's Federal car repair facility (Seniority District No. 3). He had signified his request in writing to be called for relief work.
On July 24 and 25, 1961 Carman Chaikowsky was called to, and did relieve position 502 at Carrier's McKinley Junction car repair facility, which is in Seniority District No. 2.
Claimants were off duty and available to be called on the days in question. Claimants hold seniority in Seniority District No. 2 and are regularly employed at McKinley Junction shop as Carmen. They make claim for the work performed, by Chaikowsky, each claiming one day at the time and onehalf rate.
There were no furloughed Carmen of Seniority District No. 2 on the dates involved.
Carrier states that there is nothing in the controlling agreement which prohibits it from so doing.
Claimants maintain that there is nothing in the controlling agreement which permits the Carrier to do so.
Reading the agreement as a whole, we find that the provisions concerning seniority and the provisions concerning notice of availability to perform relief work contemplate that the principle of seniority within the District where the employe holds his position prevails. Furloughed employes can be used for relief work only in their classification and in the seniority district in which they hold seniority. 4503--5 710