STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
EMPLOYES' STATEMENT OF FACTS: Ira E. Faulkenberry, St. Louis, is a regularly assigned B&B Mechanic on the St. Louis Terminal, Missouri Pacific Railroad, with a rate of pay of $1.18 per hour.
On April 24, 1948, in accordance with instructions of his supervisory offrcer, Mr. Faulkenberry reported to Electric Welder Welch. Electric Welder Welch instructed Faulkenberry in the use of a special electric device used to weld studs on the roof and siding of the new Diesel house. As soon as Mr. Faulkenberry was properly instructed and broken in on the job, Welder Welch left him to continue on the performance of the work of welding new studs to this new Diesel building.
Mr. Faulkenberry worked on this assignment eight (8) hours per day on each of the following dates-April 24, 26, 27, 28, 29 and 30, 1948. During this period involved in the claim, Faulkenberry worked with members of his own crew who were performing the work of fitting and applying the composition roof and siding material, but Faulkenberry and one other B&B Mechanic performed all work with this electric welding device and welded all the necessary studs to the iron frame of this new Diesel house. These studs were the means by which the roofing and siding material was held in place.
The Employes have claimed that Mr. Faulkenberry was performing work on a higher class, that is he was performing the work of an electric welder and should have been paid at that rate of pay. An Electric Welder's rate of pay on the dates involved in this claim was $1.33'per hour. The Carrier has denied the claim.
The Agreement in effect between the two parties, dated July 1, 1938, and subsequent amendments and interpretations are by reference made a part of this Statement of Facts.
I-lad the electric hand tool not been put into use and thA Carrier then required a welder with welding skill to use welding equipment and actually weld the studs onto the framework, then it might be said that it would have been proper to have used a welder.
OPINION OF BOARD: This claim involves the operation of a new electric hand tool which welds a stud bolt to the metal frame of a building. Despite the simplicity of operation of this tool, since it does make a weld the welders would have a rght to claim the work in the absence of the establishment of a new position to operate it or agreement upon assigning it to other mechanical classifications.
Since it is our view that the welders could require the assignment of such work to their positions, then it follows that by virtue of Rule 28 of the effective agreement between the parties the claimant is entitled to the higher rate of the welder's position due to his assignment "to work on a higher rated position." Whether he possessed the qualifications of a welder is immaterial since it is the work assignment which entitled him to the higher rate under the rule.
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, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and