STATEMENT OF CLAIM: "(a) Claim for termination of share-thework practices and restoration of the regular schedule of employment of six days' work per week for all Signal Department employes affected.
"(b) Claim of employes affected for compensation for the difference between the regular six day work week and the reduced work week due to the refusal of the management to terminate share-the-work practices and restore the employes to their regular six-day work week in accordance with the request of the General Chairman as of September 1, 1937."
STATEMENT OF FACTS: The statement of facts and position of the parties in this dispute are substantially identical to the facts and position as set forth by the parties in Docket SG-794, Award No. 854, except in the following respects:
Therefore, the Board has deemed it unnecessary to further quote the statements and positions of the parties in this case.
There is in existence an agreement between the parties bearing effective date of October 26th, 1935.
OPINION OF BOARD: This case is similar in every respect to that involved in Docket SG-794, Award Number 854, except as noted in the Statement of Facts, and the conclusions and opinion set forth there are applicable in this case.
The general claim made in behalf of the employes for the restoration of the former schedule of employment of six days' work per week for all regularly assigned signal department employes will be dismissed without prejudice as to those employes holding regular assignments on positions worked less than six days per week. The claim of employes holding assignments to positions worked six days or more per week will be sustained.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:
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, 1931;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That claim (a) should be dismissed without prejudice as to employes holding regular assignments on positions worked less than six days per week and sustained as to employes holding assignments to positions worked six days or more per week; and claim (b) should be sustained to the extent indicated in the opinion.
Claim (a) dismissed without prejudice as to employes holding regular assignments on positions worked less than six days per week and sustained as to employes holding assignments to positions worked six days or more per week; claim (b) sustained to the extent indicated by the opinion.