Foam
1 NATIOTTAL RUL.T;OAD ADJUCTI.r.~,'AI't' DOA1;D
Award YTo. 7760
SECOND DIVISION
Docket No.
7691+
2-YIP-C14-78
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No. 2, Rai:Luay Employes'
( Deps.rtnierit, A. F. of h. - C I. 0.
Parties to T)i.srsate: ( (Ca1:r~j.e n )
( Missouri Pacific Fa:eC--o,,d Corpa.iyr
Dispute: Clain, of 7421ye
(1) shat the M:esscur'a Pacific Railroad Company violated Memorandum of
Agreervtlnt of iarma.ry 31_,
1973,
October
>, 1.976,
and continuous
from said Me, ,'Then they tran2lorrud Fainter
Helper Curtis
Blanks -rr_-'ar his job w:> %inter :11y:r to Carnan Apprentice and
failed to pay him 9 n line with T."_ ..,_ox'at2d;:m A~,x'.:e:.ent of i".nuary,
3i-, 197 .
(2) That the
Missouri Pacific Railroad
Company be ordered to cc,.,ipensate
Car An.preriG:ioe Curtis Karks the d_f Terer;<:e in rate of pay
between
1aa.
n';;or Helper and Canan Apprentice iron Cctobc::'
5,
..
19'x'6
and continuous from said date until the violation is
corrected.
Findings:
The Second Division of tine Adjustment Board, upon the whole
record
anti
all the evidence, finds that:
The carrier or carriers and she emplt>Sre or urployes involved :i n this
dispute are respectively carrier and employe iich_n the meaning of the
Rail;-ay Tabor Act as ~;.;pproved June 21,
193?
This Division of the Adjustzerzt Board has jurisdiction over the dispute
involved herein.
Parties %o said dispute z:o.ivcd r:i_gl-~t of appearance au hearing thereon.
Claimant 1S a fOx':?C'.f Carman, Painter whose
~,tCLtl)S
was subject totl-,a
I`Zernorancivzn of Apreean-~-iat of T::ur,-aa~,er 15, 1y'73, whel^ebyl;ne classes of the
Carmen's cx'wf-c were dovetailed into a conv::ot? seniority roster.
accepted accepted a position as
t0
that date C:.La:1.::M'.:nt -vas
.1.1:~'i.::C,
as a
CcLlaiZ
I!E.'lTW.'r,
On !^ -' October ],
.1976,
r ~ ~ . ·.
·L:,C? ,i,a'
~, m 1;
~i':;YIG
accepted C~.:.°. a position .t~,7_O:~ as
Cax':T:eTl ~~`,' ..,-.?.1~='!C.
under 'fli_. provisions of Section L Of the
~~_?J1'..':Yl:i?w.:i U
Ag1'C,'c.1T1C i1t
."d`'ted
!`:L'. nC'tl
.i_9y 1973
tp become effective April 1
Form Z
Page 2
Award No. 7760
Docket No.
'I'CGy
2_Mp_CM-'
78
This dispute involves Claimant's contention that, although currently
employed as a Carman Apprentice, he should retain the higher rate o1.' pay
of the position he held at the time he entered the apprcntice-training
program.
Claimant
relies on the Letter o' Understanding dated Jartaw.ny 31,
3.973
as authority.
Ca.x'x'_LF_r, on the other hand., alleges C;lairant was still a Carman
Painter Helper and by accepting . a ,T"o.Sl.t'w.0;1
G.:
Carman (O'GCl;;r Carmen)
Appx'entice, he c1,rngc:d his class and cxaft. Carrier &02 Second Division
Awards
69~-ip 7015
8.;':d
701) involving Carrier and other crafts party
'r,0
the Qxeelnen-(; to suppork its position.
We do not agree with Carrier's position in this; dispute. It is clearly
d:L:ainfvu2.:h":b.Zv from the disputes
'1.i;
the above cited. rds. In those
d~n Aatn~, C:Lav _ . .~,n ' c..
r - ' s.-: ~ rO 1 ~ tU
`a.
Z
~t1,
_,~_L 'iii:-. v_..~,n'c..
~. ..
clearly transferred from
·"1
... on.-, c_
.A.C·,:_
f:._~,
rr cr
craft where thcy would. have had no opportunity to become helper appvantices
had that cla:s of apprentice been retained in the agre.e.ment. The
in this dispute accepted a. position as apprentice in his o,m ex`a~.:4b. Ha
~ S ~
was on a
co~Y~iY_.
~-0_1
seniority J.'c;,t=ar for Carmen Helpers a.t the time ne voo>
the apprentice position. We will, therefore, sustain the claim.
Claim sustained.
Attest: Ex(-cutive Secretary
National Railroad Adjustment Board
1\AT'-J'0; ,Y-',h iv!i.1LP,nL1.Ii lzD'J1J2,J"i.^P i',, T B0,-Ui.1)
By Order of Second. Division
By
- 41
_ _ _ ~' ~' -: ~~ - - _''- '-~.~ k _ . i -. _~r ~ °` -. ~- ,.r
_ _.___ _ _ _.~ __ _ ..~. ~`~_ . T _ ._ _ ___ __
'1~'
st
B;C'i:sC:2 -- sCjn2r1is'iil-._i.~1Ve
Assistant
Dated ~at Chicago, Illinois, this 29th day o~." i;avember,
1978.