Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7366
 SECOND DIVISION Docket No. 7219
 2-SCL-EW-177

 " The Second Division consisted of the regular members and in



      Parties to Dispute: ( (Electrical Workers)

      (

      ( Seaboard Coast Line Railroad Company


      Dispute: Claim of Employes:


              1. That the Seaboard Coast Line Railroad Company violated the current working agreement, particularly Rule lL, when Carrier partially closed down the Second Shift in its Florence, South

        - Carolina, Diesel Shop and forced Electrician W. H. Griffin to

              change shifts and refused to pay the overtime rate for his shift

              change effective July 14, 1975.


              2. That accordingly, the Carrier be ordered to additionally compensate Electrician W. H. Griffin four (4) hours at his straight time rate of pay.


      . 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.


          Parties to said dispute waived right of appearance at hearing thereon.


      This claim invokes Rule 11 of the Agreement regarding changing of shifts. That rule provides:


              "C RANGING SHIFTS


              Employees changed from one shift to another will be paid overtime rates fox the first shift of each change. Employees working two shifts or more on a new shift-shall be considered transferred. This will not apply when shifts are exchanged at the request of the employees involved."

Form 1 Page 2

 Award No. 7366

Docket No. 7219

2-SCL-EW-'77


Claimant's change of shifts on September 14, 1975 was a consequence of Carrier's abolishment of Claimant's position. Claimant maintains this change was not voluntary and he should be entitled to the penalty rate as provided in the rule. In support of this position it is urged that Carrier's Master Mechanic C. F. Denison abolished the position over the protests of the Local Chairman.

 ~,he Organization places some emphasis upon the Master Mechanic's letter of Juf~ 29, 1975 to Local Chairman Wallace wherein it is stated:

 "Please be advised that it has been historically the practice of management to place its employees on either the first, second or third shift wherever the requirements of the service are best suited. Therefore, it was the prerogative of management to curtail the operation on the second shift at the Diesel Shop at Florence and to strategically place the remaining employees on other shifts where their service may be better utilized."

    On the issue under this rule questioning whose action resulted in the

shift change, the Master Mechanic's language may give rise to the impression
 this was Carrier's action. However, we are not persuaded that this makes
 the difference and removes this question from the rule of other recent awards
 of this Division where this same question was considered and the claim was

denied. Awards: 7251 (Roadley); 7291 (Marx); and 7293 (Marx). The decisive 49.

factor, as these awards point out, is that Claimant exercised his seniority
 and as a consequence a shift change resulted which must be viewed as made .
 "at the request of the employees involved". In accordance with the cited
 Awards the claim is 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 ~R.tI~ .-
      o

    C. Z

      emarie Brasch - Administrative Assistant ,


Dated t Chicago, Illinois, this 7th day of October, 1977.