The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
1. That the Norfolk and Western Railway Company violated the controlling Agreement of January 1, 1943, as subsequently amended, between the Virginian Railway Company and the employes represented by System Federation No. 40, now under the jurisdiction of System Federation No. 16, and past practice of long standing, when on the respective dates of March 22 and April 18, 1968, a Helper Car Repairer was taken out of the Shop and off his regular assignment after beginning his tour of duty and put to work oiling and blue flagging trains, in the train yard while other employes performed the work of their regular assignments on the Shop Track, thus discriminating against said Helper Car Repairers and in effect nullifying their seniority right to bid on the type of work preferred.
2. That any such extra oiling and blueing as was necessary to be done, should have been done by the Helper Car Repairers regularly assighed to such work and available and eligible from the Train Yard extra and overtime board, and that since this was not done, that regularly assigned oiler and blue employes L. L. Mills and W. R. Cooper, who were available and eligible for such extra work, from the train yard and overtime board, each be allowed eight (8) hours at the time and one-half rate of pay because of such violation.