Parties to Dispute: ( (Carmen)

(

( Missouri-Kansas-Texas Railroad Company

Dispute: Claim of Employes:

1. That under the current Agreement Carman Welder B. R. Jennings was unjustly dealt with when he was not recalled to service of the Missouri-Kansas=Texas Railroad Company at benison, Texas, beginning with the date of November 2, 1972.

2. That accordingly, the Missouri-Kansas-Texas Railroad Company

at benison, Texas, be ordered to compensate Carman Welder

B. R. Jennings for all time lost, vacation rights, made whole

for all pension benefits including Railroad Retirement and

Unemployment Insurance, made whole for all health and welfare

insurance, made whole for any other benefits that he would

have earned during the time he is held out of service beginning

with the date of November 2, 1972 until returned to service.

' t

"In the event that number of regular and helper apprentices referred to in Section 1, and helpers referred to in Section 2 are not sufficient to meet service requirements, and qualified carmen with four (4) years experience are not available for employment, men experienced in the use of tools may be employed to perform carmen's work, and if retained in service on completion of 1,0+0 days on carmen' s work, will establish seniority as caiman on the first day they work as such following completion of 1,0+0 day's on ca,rmen's work. Employes promoted or hired under terms of this agreement who have not established carmen's seniority as provided for herein will not be retained in service as carmen when regular four year carmen become available."

Form 1 Award No, 6770

Page 3 Docket No. 6582

2-MKT-CM-' 74

First, Rule 23 provides that "seniority in each craft shall be confined to the point employed in each" classification therein listed. No classification of "non-journeyman Cayman" or other comparable title for employes hired under Section of the Implementing Agreement is listed under, the Cayman craft. Employes so hired have no craft seniority under that rule .

Second, prior to October 1967 employes classified by the Carrier as "Non-journeymen Carmen" were furloughed at will without regard to their seniority in their special category. On July 17, 1967, the Carrier advised the Local Chairman. that under Section 3 of the Implementing Agreement such employes, who had not worked more than 1,0+0 days as mechanics were not entitled to be furloughed in order of seniority. After some correspondence and discussions, the Carrier on October 30, 1967 wrote to the General Chairman, in part, as follows:

"Our Mechanical Department office is arranging to maintain a list for non-journeymen mechanics entering service as Carmen, showing the dates of their entrance to service. When it is necessary to reduce force, the last employe hired will be the first to be taken off."

Carrier agreed to apply the principle of seniority for such special employes when a furlough became necessary. It was a limited amendment to Section 3 of the Implementing Agreement. The Carrier did not agree to apply a comparable seniority principle for recall purposes.

Third, and most important, is the fact that employes hired under said Section 3 acquire no seniority whatsoever (except for furloughs as agreed to on October 30, 1967) until they have worked more than 1,0+0 days as mechanics. The language in Section 3 is clear and meaningful. Employes so hired acquire seniority only "if retained in service on completion of 1,0+0 days on carmen's work" (Emphasis added). The parties agree that such an employe may be terminated on the 1,039th day of service or even on the 1,O4Oth day of service. And no seniority rules in the schedule agreement are violated. He is permanently separated as an employe of the Carrier with no seniority or other contractual rights preserved under the Agreement.

If such an employe may be terminated at arty time prior to his 1,041s-t day of service as a mechanic, it follows that he can be terminated while on furlough. There is no difference under Section 3 whether he is thus terminated under a condition. In each case the employes may not complain that there was no just cause for the termination. They entered into a special employment contract, the conditions of which may be amended or deleted by agreement or in negotiations pursuant to Section 6 of the

Railway Labor Act., as amended.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division