(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD AIUUSTMENT BOARD Award No. (492
SECOND DIVISION Docket No.
63.
2-SCL-CM-'73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
System Federation No. 42, Railway Employes'
Department,
A.
F. of L. C. I. 0.
Parties to Dispute: ( (Carmen)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the agree
ments, particularly the agreement of January
9, 1969
which be
came effective- on the date of the next general wage increases
(January 1,
1969),
thereby depriving all employees of the
company
who are represented by the Brotherhood. Railway Carmen of the
United States and Canada who receive the rate of pay applicable
to repairs of freight cars of one (1) cent per hour.
2. That accordingly, the Seaboard Coast Line Railroad Company be
ordered to compensate all Carmen who received the rate of pay
applicable to freight car repairs one (1) cent per hour for
straight time hours and one and one-half
(12)
cents per hour
f
for all overtime hours worked from January 1,
1969
until the
proper rate is applied.
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Findings: j
The Second Division of the Adjustment Board, upon the whole. record and all
the evidence, finds that:
t
The carrier or carriers and the employe or employes involved in this dis
pute are respectively carrier and employe within the meaning of the Railway Labor '
Act as approved June 21,
1934.
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This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The organization set forth in its submission that in 1964, the Organizaticn
agreed with the Carrier upon a wage increase of
9¢
per hour effective each year on
January 1, of
1964, 1965, 1966.
In
1965,
the Carrier agreed with Sheet Metal WorXers,
Electrical Workers and Machinists upon a wage increase of
9¢
per hour effective
January 1,
1964, 4%
for all but helpers and apprentices effective January 1,
1965,
311%
for the same group effective January 1,
1966.
In
1969,
the Organization reache3
agreement with the Carrier that effective with the next general wage increase, the
increases of the emuloyes represented by the organization would be adjusted to
correspond to the increases of the other shop crafts whose wage increases had been
cxpressed.by the percentages stated above instead of cents per hour. In April
1970,
the present parties agreed upon wage increases for a new contract to start January 1,
1969,
with the provision that the base pay before the new increases would be added,
Form 1 Award No. 64o(
Page 2 Docket No. 6300
2-SCL-CM-173
would be the adjustment agreed
upon in 1969.
The Carrier agrees with the organization's statement only to the
extent that it has set forth the agreements for wage increases. The Carrier
does not agree with the way the Organization in its calculations arrived at the
adjusted base rate for the increase to be effective January 1,
1969.
On Page
9,
of the Carrier's submission, it claims that by agreement with the Sheet Metal,
Electrical and Machinists crafts, in their calculation of increases, fractions .
were extended to a rounded out figure. The Carrier claims that this was not
included in the agreement reached with the petitioner in adjusting the base
rate for
1969.
This accounted for a difference of one cent per hour between,
the Organization's rate and that of the Sheet Metal Workers, Electricians and
Machinists.
The basis of the dispute between the parties revolves around the
manner in which the Carrier arrived at the final pay rate for the Sheet Metal,
Electrical and Machinists crafts. The record does not disclose that the same
method of calculation was intended or agreed upon with the Carmen's Organization.
It appears that the Carrier did adjust the carmen's rates as agreed. Absent j
evidence in the record, of agreement or intention to do something more or that
the increases or the rates of all crafts were to be identical, we would be adding . I
to the facts. Third Division Award No.
15547,
dismissed a claim for the reason
that: "We know of no principles---. We are faced with a factual issue: That was
w
the intent of the parties? We are unable to make a finding as to intent because
of lacy of evidence in the record. .Consequently, we must dismiss the
Claim."
This Board does not have jurisdiction over the negotiation of Agreements
or the authority to order changes in agreements or to fix rates.
A W A R D
Claim dismissed.
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Executive Secretary
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Dated at Chicago, Illinois, this 2nd day of May,
1973.
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