NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
"Claim of Rector D. Wood, storehouse employee, Knoxville, Tennessee, for a change in his seniority date in Class 'B' from August 1, 1920 to July 30, 1918."
FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier and the employes involved in this dispute are respectively carrier and employes 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.
The parties to said dispute were given due notice of hearing thereon.The following statement of facts is jointly certified by the parties, and the Third Division so finds:
"Rector D. Wood entered the service at Coster Storehouse on July 23, 1918; he was carried on the pay roll as a laborer from that date until March 1, 1920, when he was promoted to position of clerk; on August 1, 1920, he was transferred back to the storehouse and carried on the pay roll as storehouse man. However, employees covered by storehouse employees' current agreement, which became effective May 1, 1934, do not, under Rule 10 of that agreement, forfeit accumulated seniority rights when promoted to clerical positions. The principle of Rule 10 was followed in the preparation of seniority lists of the respective classes of storehouse employees when their agreement became effective.
"`While common seniority as between the respective classes of service is not effective, employees promoted from one class of service to another shall retain and continue to accumulate seniority in the class or classes of service from which promoted: similarly, if demoted, seniority will continue to ac-
"'New positions and vacancies except as above will, within two days, be bulletined to all employees affected of the class in which the vacancy exists. Employees desiring such position must within five (o) calendar days after bulletin is posted, make written application to the officer issuing the bulletin. The bulletin shall expire at twelve o'clock midnight on the fifth day. From these applications the senior qualified employee possessing sufficient merit and capacity will be assigned to the position.'
There is in evidence an agreement between the parties bearing effective date of May 1, 1934, and the pertinent rules thereof are herinbefore quoted, except the last paragraph of Rule 7, which reads:
It was agreed by the parties to this dispute at the oral hearing on September 21, 1936, that in filing this claim Rector D. Wood complied with the provisions of the last paragraph of Rule 7.
The carrier states, in substance, that prior to May 1, 1934, the storehouse foremen and storehouse men were not covered by any agreement governing rates of pay and working conditions; storehouse laborers were included within the scope of an agreement between the carrier and the Maintenance of Way Employes and Railway Shop Laborers, which organization relinquished jurisdiction as of May 1, 1934. The rates of pay of storehouse men were, in practically all cases, higher than those of storehouse laborers, but there was no classification of work for the respective pay-roll designations of the positions maintained. Generally speaking, the employes were stepped up from the lower to the higher rates of pay and payroll classifications in the order of their employment, the exceptions being cases of men who either failed or were unable to qualify themselves to perform some of the respective kinds of storehouse work. In other words, promotion was accorded the senior qualified employes possessing sufficient merit and capacity, for filling of new positions and vacancies in the respective classes. In some cases, the duties of the employes thus promoted were changed, and in other cases they continued to perform the same duties theretofore performed.
That under this plan the employes, regardless of the duties perforincd, mere in most cases carried on the payrolls its laborers until such time as their length of service was sufficient to step them up to the rate of pay and payroll designation of storehouse man, subject to qualifications, merit, and capacity. In the preparation of seniority rosters under the agreement with the Brotherhood of Railway Clerks, as required in Rule 7 tbereof, the carrier, in determining the seniority dates of the employes in the respective classes, was governed by the payrolls and personal record cards.
The petitioner states and contends that Rector D. Wood entered the service as laborer, July 23, 1918: that on July 30, 1918, he was transferred to the storehouse and assigned the duties of checking stock of material on hand, putting up material in bins by class order and serial number. issuing material "It shop requisitions and showing the necessary information on the requisitions for charging out the material.
It is the opinion of the Division that employes who were required to perform work of a kind which, the parties have agreed or may agree, determines the classification of employes embraced by Rule G-(b), and who were required regularly to devote not less than four hours per day to such class of work, arc entitled to seniority rights in that class from tile dalte they first entered upon such duties. The Division, however, finds the evidence submitted insufficient for the dcternlination of the questions involved, and, therefore. feels that the dispute should be remanded to the parlies with instructions that, if necessary, a joint check be glade for the purpose of determining all relevant facts.
The Division, a<·cordingly. remands this dispute in the hope and expectation that the parties shall be able to settle it between themselves; it does so without passing upon the carrier's motion to dismiss and without prejudice thereto and reserving to the parties tile right, in the event this case is re-suauitted, to renew or revive any motions or answers heretofore filed. In the event of failure of the parties to dispose of this dispute, it may be re-submitted by them, or either of them, with all such evidence as may have been developed by their joint effort to dispose of it, and such other facts and evidence us finny be requisite to a final award by this Division.
This claim is remanded to the parties for disposition in accordance with the above findings.