NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
Furloughed Machinist, Cecil Morgan, was employed as a carman by the Western Railway of Alabama and worked in that capacity in the car shop at Montgotnery, Alabama for 8 hours (8:00 A.M. to 4:30 P.M., with 30 minutes lunch period) on each of the following dates: November 12, 13, and 14, 1962. After working November 14, 1962, his services as a carman were discontinued.
On the dates and during the hours Machinist Morgan worked as a carman, the three claimants, Carmen S. E. Ryals, Marvin Maddox and S. H. Edwards were off duty and available for service. Their work week and shift assignments were as follows: S. E. Ryals-Tuesday and Wednesday, Second Shift, Thursday, Friday and Saturday, First Shift, Rest Days, Sunday and Monday; Marvin Maddox-Thursday through Monday, Second Shift, Rest Days, Tuesday and Wednesday; S. H. Edwards-Friday, Saturday and Sunday, First Shift, Monday and Tuesday, Second Shift, Rest Days, Wednesday and Thursday.
Prior to the time Mr. Morgan was employed in the car department, Carman W. A. Phillips, who served his apprenticeship with the Western Railway of Alabama, at Montgomery, between the dates of November 24, 1953 and July 11, 1958, applied for a carman's job on several occasions. Mr. Phillips resides at Montgomery, was available for service during the time Morgan worked as a carman and could have
Claimants lost absolutely nothing by this transaction. There was no overtime involved in the case and had Morgan not worked, none of claimants would have been worked.
As Carrier has pointed out herinabove, none of the rules of the Agreement were violated. There is no basis whatever for petitioner's claim. As the claim is without merit. Carrier respectfully requests it be declined.
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.
The record shows without question that prior to furloughed machinst Morgan's employment for Carmen's work, W. A. Phillips, a former Carman, had applied for work and that a week after Morgan's last shift he was employed. Claim 1 must be sustained. Phillips was the Carman directly injured by Morgan's employment, and the claim should have been on his behalf rather than on behalf of the Claimants. Claim 2 must be denied.