DISPUTE=' Claim that rnen established !it syntein relay repair shop at Wayne Juix-tion, Pa., on Deveinbei 1, 1934, now classified as Leading Relay Repairnien, Relay Repairmen, Assistant Relay Repairmen, and Helper, and performing work formerly handled !it division signal repair shops, are covered by the agreement between, the Reading Company and the Brotherhood of Railroad Signalmen of America, and that such men should he classified and compensated under sneh agreeineril and retain seniority and other rights provided in such agreement"
FINDINGS.-The Third Division of the Adjustment Itoard, upon the whole record and all tile evidence, fiinls that:
'Pile carrier and tile employees involved in this dislaite are, rollaectively, carrier and employees wtthirt the meaning of tile Railway Labor Act al approved June 21, 1934.
This Division of the Adjuslinent Board bas jutisdietion over the dlepllte involved herein.
Tile parties to laid dispute were given due notice of hearing thereon.AS result of a deadlock, Paid Samuell was called tit as Referee to sit with this Division.
Tile employees' representatives snt>aliited the following its tile "Statement of Facts".
such as relays, disc signal, indicator instrmnents, etc., had always been assigned to and performed by tire ernployeey who are now classified as leading Signalmen, Leading Signal ~laintaiuers, Signalulen, and Signal Maintainers. On December 1st, 1934, a system signal relay shop was organized at Wayne Junction, Pennsylvania. at which tune tile work nienttolled above and forinerly done by the employees (coming within the scone of our agreenerit) at tile division signal shops and fly the individual signalillen and signal maintainers tit their respective headquarters. was transferred from the divisions to tile shop at Wayne Junction under the direct supervision of the Electrical Supervisor. The personnel of tire new system shop is composed of men formerly employed !it the service of the signal department oil several of, the divisions and the positions iii question were filled by appohitinent instead of being advertised as provided for under schedule rilles."
An agreenterit between tile parties, effective July 1st, 1921, revised April Ist, 1929, is, !it effect, tile title page of ividch reads its follows:
"Agreeinerit Between The Reading Compilny and tile Signal Department Employees Specified Heroin Engaged tit the Construction, Installation, and Maintenance of Signals, Represented by '.rite Brotherhood of Railroad Signalmen of America."
Tit(- several classifications of signal departillent employees are set forth In the agreement above referred to, as follows:
1. Leading S ignalinall.-A Signlalwan temporarily or iegnlarl> assiggaed to work wilh and supervise tile work of Signalmen.
2. Leading .llaiatahter .-A Signal maintainer lield responsible for tile work of one or more Signal Atahtatners, in charge of a section or plant.
3. Sigaatntaa, SignaB Jlaintainer: A inan qualified and assigned to perform4. Assistant Signalman; A a.sistant Signal dlaisstaincr.-A roan qualified and assigned to assist the Signalnian or Signal Maintainer. The nien assigned to
ti. ffelper.-.1 roan assigned to help Signal Department cniphiyees and perform such other work as is generally recognized as Helper's work.
It is further contended by employees' representatives that the relay repair work and other work including repairs to disc signal find indicator instruments, etc., pprforiued by the employees in question at Wayne Junction Relay Shop is signal work within the meaning and ilitcnt of schedule rules and so recognized by all of- the railroads Throughout tile country; that the work ill question had always been assigned to slid performed by signal-departmelit employees on the different divlsiolls of tile Reading Company to whom tile above classiffcatiole applied; thut the classifications contained in the agreeinerit between tile parties are considered find applied as if standard classification for signal-department cuiployeps throughout the Nation, as well as upon tile railroads iii Canada and tinder these various classifications tile construction, installation, find maintenance and repair of all signal apparatus is carried oil :is was done oil the Reading System up to Decelliber Tat, 1934; that it is the general praciice throughout the country for signal-department employees to perform the repair of relays and till other signal niechallisms in signal repair .hops when a general overhauling or reconditioning of tile apparatus is required. Tile signal shops are especially equipped for this purpose, and the work is generally recognized its "Sigllall Work.'
Tile dislime is essentially a question of whether the railroad niallagement call properly deprive certain signal-departnivilt employees of their seniority rights and of the protection afforded them by till agreement covering rates of pay and working coiiditlons because of a change made in the locution of their positions and a change made iii their supervisor, and that tile management yeas without right to exact fit] understanding on flip part of the employees which ivolfld deprive them of illeir seri6,rity rights in case they accepted tile positions in the Electrical Repair Department.
It is contended by the carrier that, upon tile o»mplotion of the electrification of the carrier's lines centering tit Philadelphia iii 1931, tile management appointed a Chief Electrical Engineer ht change of all electrical engineering, ineludilig signal ellgincerilig on flip system. and that a.s the result of this action there was established at Wayne Jula·lion au nlectrlead repair shop for ill(purpose of repairing :lire conditioning olectrical appliances for flip entire system except those used oil cars and locomoltives find certain appliances in the Tell, graph and Telephone Department; flint the concentration of repairs to efectrical signal apparatus in flip slop fit Wayno Junction nil llecenilier 1. 1934. was hl line with the eetablishruelll 'W tile, celltralizod shill) sad rva.s oncrie'l (tilt ill if)(, interest of efficient and ecanillical operation; that (lie establishment of the electrical repair shop was a new Department and that sn far as the Signal Department was concerned. its chief object ,vas tile fnrnisldng of material and supplies for signal work and had little to do with actual maintenance work. The reemvl in this case chows that the work performed in tile new l·:leetrieal Department by tile four men who acre drawn from the Signal Departirierit is substantially the same word: performed by them (fit tile various divisions of the line; that tile nlanagolnent needed the four fuel] to do some of flip work that had ))sell done by some of the signalmen in the Signal Department inasmuch as they were familiar with that class of work. all(], therefore, flip positions were offered to these employees on condition flint they would lose their celliority rights iii the Signal Department and on the divisions.
The evidence in this record supports tile contention of the claillolit that the four men are flow performing substantially flip smile work in tile Electrical Department as was performed by them oil their respective divisions. Ill othor words, tile establishment of these positions at this location placed them under the direct supervision of tile Electrical qupervisor insfoad of the Supervisor of Signals, has not changed the eharneter of their word: or eulployment.
It is tile .spirit and intention of the Agravilielit that employers who nnntillie to perform signal work for the employer shall retain their .cnniority rights. 'nip maintenance of signals on the system contemplates repair work which is now being done by the four employees involved, arid fill substantial harm or hi.tury park be clone tit permitting these oniployees to preserve their sniiortty rights even though tile mention of their employment anfl the super% bioin of their work has been chalked.
It is therefore the Award of this Division that the four employees, Hillig as Signalman, Matters as Relay Repairman, Tomlinson as Signalman, and Rhoda as Repairman, shall each retain their respective seniorities upon their respective positions, and that they be compensated the rate of pay when employed immediately prior to December 1, 1934, retroactive to December 1, 1934. This Division does not at this time pass upon the controverted question as to whether the work done in that particular part of the Carrier's shop where these men are working its Signalmen and Repairmen shall hereafter be regarded as coming under the Agreement between the parties. Such question may be determined at a subsequent time under facts and circumstances as might then exist.
By Order of Third Division: