NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY
COMPANY
THE CHICAGO, ROCK ISLAND AND GULF RAILWAY
COMPANY
STATEMENT OF CLAIM: "Claim of William Lawrence, B. & B. carpenter, Des Moines Division, that he be paid the difference between the rate applicable to B. & B. helpers, and the rate applicable to second class carpenters, for all time that he has been classified and paid as a B. & B. helper, but performed the work of a second class carpenter since August 18, 1936." EMPLOYES' STATEMENT OF FACTS: "William Lawrence was hired as a second class carpenter in May, 1926, and worked in that capacity until August 18, 1936, at which time his classification was changed by the Carrier to that of helper, but he was required to perform the same class of work as he formerly performed as a second class carpenter."
POSITION OF EMPLOYES: "Rule 1, Group 1 of Agreement in effect between the Carrier and the Brotherhood, defining the work of employes in the B. & B. Department reads in part:
`(c-1) Mechanics, first-class: Mechanics who are capable of laying out work and working from plans, skilled in the erection of new structures, as well as altering and maintaining existing structures and performing all other bridge and building work in a workmanlike manner coming under the scope of this department, shall be considered composite mechanics as their work comprises all classes of mechanical work.
`(c-2) Mechanics, second-class: Mechanics capable of doing all rough carpenter, bridge and repair work.
'(d) Bridge and Building Helpers: Employes assigned to perform work generally recognized as helper's work and assisting mechanics in the performance of their work.'
"From it it will be observed that B. & B. men doing rough carpenter and B. & B. repair work shall be classified and paid as second class carpenters. It will be further observed that the employes classified and paid as helpers shall not be required to perform actual mechanic's work, but shall assist the mechanics in the performance of their work.
furnished by the carrier. This work might be classed as rough carpenter work but is work generally and properly recognized as helper's work.
"Then, too, B. & B. helpers are, in fact, apprentices and hope at some time in the future to be promoted to carpenters and they, endeavor, while working as helpers, to learn the work required in the higher classifications and this experience they gain in work incidental to their work as helpers.
"After a helper has been promoted and on account of reduction in force, is required to go back to a helper's classification, he certainly would continue to do the same items of work which he had performed while he was working in the first place as a helper and learning work which would permit him to be promoted.
"The following constitutes work which has always been performed by helpers and has always been generally recognized as helper's work under the above provision: In construction or maintenance of buildings, after work is laid out by either foreman or mechanic in charge, helpers assist in sawing or framing of materials; they also assist in placing and nailing. In handling of new bridge work, after materials are laid out by foreman or mechanic, they assist in framing, placing, drilling, bolting, etc. When removing old portion of bridge, all work in connection with such removal can and has been done by B. & B. helpers when under the supervision of foreman or mechanic. In construction of or repairs to wooden platforms, stock yards, sidewalks or concrete walks, concrete platforms, brick platforms, which do not require skilled mechanics, work is frequently done by B. & B. helpers under supervision of foreman or mechanic.
"In addition to the above items, there are a great many other duties performed by helpers under supervision of foreman or mechanic, but the items listed are the most important ones.
"Mr. Lawrence exercised his seniority as helper because his seniority did not permit him to work as B. & B. carpenter. While working as a helper he performed work generally recognized as B. & B. helper's work.
"In our various conferences with the committee it was pointed out that as Lawrence actually left the gang he had worked in as a carpenter, no junior carpenters then being employed, and went to another gang as a hlper on work generally recognized as helper's work, there was no merit in his claim and it was understood it was finally disposed of, and letter confirming the position of the management, which the management understood to be the final disposition of the case, was written April 12 1938, and we are not informed why it was revived in General Chairman Wilson's letter of January 4, 1939."
OPINION OF BOARD: The question presented in this case is the same as that involved in Docket MW-915, Award 915, and the opinion set forth there being equally applicable here is adopted in this case.
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 employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and 918-s 494