Form 1 NATIONAL RAILROAD ADJUSTNENT HOARD Award No. 6737
SECOND DIVISION Docket No. 6+33
The Second Division consisted of the regular members and in.
addition Referee Nicholas H. Zumas when award was rendered.
( International Association of Machinists
and Aerospace Workers
. Parties to Dispute:
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes: .
a
1. That under the teams of the controlling agreement, the
Norfolk and Western Railway Company improperly credited
Machinist Apprentice C. A. Slye with overtime service for
completion of periods of apprenticeship, thereby placing him
ahead of Apprentice A. W. Parks in the seniority standing.
2. That accordingly, the Norfolk and Western Railway Company
be ordered to restore Apprentice Parks and Apprentice S3,ye
is their proper seniority standing.
Findings:
The Second Division of the Adjustment Hoard, upon the whole record
v~
and all the evidence, finds that:
The carrier or carriers and the employs or employees involved in
this dispute are respectively carrier and employs within the meaning
of the Railway Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdietioa over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
In this dispute the Organization claims that Carrier improperly
credited Apprentice Slye with overtime service in completing periods
of apprenticeship with the result that he was placed ahead of Apprentice
Parks in seniority standing.
The Organization relies on Rule
39
of the schedule agreement in
support of its position. The pertinent portion of that rule reads
as follows:
Form. 1
Page 2
Award No. 6737
Docket No. 61+33
2-W-MA-' 74
"Applicants for regular apprenticeship.shall be between
16 and 23 years of age, and, if accepted, shall serve
eight periods of one hundred and thirty (130) eighthour days of service each, overtime excluded. If
retained in the service at the expiration of their
apprenticeship, they shall be paid not less than the
minimum rate established for journeymen mechanics of
their respective crafts." (Underscoring added.)
Carrier contends that there has been no violation of the agreement,
and further, that custom and practice prior to and subsequent to the
agreement supports the action taken by Carrier.
Despite the Carrier's contentions, the record reveals that
Apprentice Slye was improperly placed ahead of Claimant under the
particular facts and circumstances of this dispute.
The Board further finds that the procedural issues raised by
Carrier are of no consequence.
AWARD
Claim sustained.
NATICKAL RAIIFDAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
vemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of July, 1974.