Foam 1
Dispute: Claim of Employes:
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.
71I+9
Docket No,
70+6
'76
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zu:rnas when award .was rendered.
. ( System Federation No.
4,
Railway Employes'
( :Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Western Maryland .Railway Company
1. That the Western Maryland Railway Company violated the controlling
Shop Crafts Agreement, particularly Rule 1, when on Bulletin No.
2, dated January 11,
197+,
Carrier advertised and
awarded
a five
(5)
day position to Electrician M. Knight with a Wednesday and
Thursday rest day.
That, accordingly, the Western Maryland Railway Company be ordered
to restore the Saturday and Sunday rest days on the positipn
advertised as Position No. 2 on Bulletin No. 2, dated Ja4uaxy 11,
197+
and subsequently awarded to Electrician M. Knight.
2.
Findings:
The Second Division of.,.the Adjustment Board, upon the whole record and
all the evidence;-finds that:~.
w
The carrier ox carriers and the employe or.employes involved in this
dispute axe respectively carrier arid 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.
Parties to said dispute waived right of appearance at hearing thereon.
The question to be r·?solved in this dispute is whether the provisions
of Rule 1 of the Agreement was violated when Carrier established a position
at McComas Street Piers tractor shop with rest days Wednesday and Thursday
rather than rest days Saturday and Sunday.
The "NOTE in Rule 1(1) provides:
"The expressions 'positions' and 'work' used in this rule
refer to service, duties, or operations necessary to be
performed the specified number of days per week, and not to
be work week of individual employees."
Form 1
Page 2
Award No.
719
Docket No.
?C46
2-WM-EW-T76
It is, clear from this rule that the length of the work week is to be
determined by an examination of the necessary service to be performed, and
not by the work week of the individual.
The ;record herein shows that the McComas Street Piers operations have
for many years been on a seven day schedule, and that operational requirements
cannot be met on a Monday through Friday schedule. Under the circumstances,
the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad. Adjustment Board
BY
arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of October,
1976.