The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
STATEMENT OF FACTS: Mr. Orville L. Carter, hareinafter referred to as claimant, was employed by the former Atlantic Coast Line Railroad Company, which is now a part of the Seaboard Coast Line Railroad Company, the latter will hereinafter be referred to as tha carrier, on May 21, 1953 as a painter apprentice. He completed his apprenticeship on Decembar 1, 1959. There were no vacancies for painters on the carrier's property at the time and claimant was not employed as a painter, however, the claimant applied for and was granted employment as a locomotiv·2 fireman with the carrier on December 22, 1959. He worked this position until May 1963 at which time he was disqualified as a fireman because of his physical condition. After his disqualification as a fireman for physical reasons, he continued to hold seniority rights as a fireman until September 9, 1968 when Mr. F. W. Jerkins, Master Mechanic for the carrier, advised the claimant his name had been removad from the firemen's seniority roster.
In 1966 while holding seniority rights as a fireman but physically disqualified from working position, the claimant made application with carrier's mechanical department for a position as painter in the Waycross, Georgia shop.
no openings for painters and no painter apprentices or painter helpers promoted. Therefore, even if Carter had acquired seniority, he would not have been eligible for a position because there was no vacancy for a painter. His claim is an impossibility.
The Carrier respectfully urges denial of the claim submitted by the organization for the following reasons:
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.
Although the Claimant in this case had past employment relationships with the Carrier, a review of the evidence shows conclusively that at the time this claim arose, claimant was not an employe of the Carrier. Hence none of the rules of the agreement are applicable to him. Since he lacked employe status, this Board has no jurisdiction of the dispute under Section 3, First (i) of the Railway Labor Act. We will dismiss the claim.