NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
DULUTH, MISSABE AND IRON RANGE
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the Clerks' Agreement:
EMPLOYES' STATEMENT OF FACTS: Mr. Banks is a regularly assigned Weightmaster at the ore scales in Proctor, Minnesota. During the Winter months his position of Weighmaster is abolished, as there is practically no movement of iron ore during the Winter months. During the slack season employes on seasonal positions are permitted on their seniority to displace junior employes.
During the Winter of 1947-1948 Mr. Banks exercised his seniority over a junior employe and occupied the position of Clerk at Steelton Station. On April 3rd, 1948 he was notified to report at the ore scales at Proctor, Minnesota at 7:00 A.M. April 6th, on his regular assignment of Weighmaster. Sunday, April 4th was his regularly assigned day of rest on the position of Clerk at Steelton. On Monday, April 5th, he reported for work on his position as Clerk of Steelton. Under instructions from the Agent he was not permitted to work on April 5th, and a junior employe occupied his position, thus causing Mr. Banks to suffer the loss of eight hours pay at the rate of his position of Clerk, Steelton Station.
Agreement effective January 15th, 1947, between the parties is by reference made a part of this Statement of acts.
POSITION OF EMPLOYES: Rule 13 of the current working agreement between the Carrier and the Brotherhood provides as follows:
assigned weighmaster at Proctor. As such he requested and was assigned to the day shift.
The summer relief schedule for the weighmasters at Proctor provided Monday as the day off for the day shift. Therefore, Mr. Banks who had requested the day shift received his day off on Monday, April 5, 1948. In other words, his regular assignment throughout the summer was Tuesday through Sunday with Monday his day of rest.
Thus by a schedule coincidence, Mr. Banks received two consecutive days off, the last day of the week on his winter position and the first day of the week on his summer position. Mr. Banks protested this arrangement stating he should have been allowed to remain on his winter position until the day he started work on his summer position.
The Carrier takes the position that Mr. Banks' working schedule was proper under the rules for the following specific reasons:
OPINION OF BOARD: Claimant Banks is a regularly assigned Weighmaster at Proctor, Minnesota. That is a seasonal position which is abolished during the winter months. During the winter of 1947-48 Claimant occupied a six-day position as Clerk at Steelton Station, with Sunday off. April 3 1948, he was instructed to report on his regular assignment of Weighmaster on Tuesday April 6. He reported for duty on the Clerk's position on Monday, April 5, but was not permitted to work. Work on the Steelton Clerk's position on Monday was given to an employe junior to Claimant. Employes claim a violation of the seniority rule and the rule providing that nothing in the Agreement shall be construed to permit reduction of work days below six per week. Carrier asserts that Claimant was afforded six days' work in the week preceding his assignment to the Weiglimaster position and was also afforded six days' work in the first week of work on the Weighmaster position.
We believe the crux of this dispute is the determination of when Claimant's assignment to the Weighmaster position should be considered as effective. Obviously, if the assignment was not effective until April 6, 1948, as the senior employe available for service he would be entitled to work on the Steelton clerical position on Monday, April 5. The Weighmaster position was a sevenday position necessary to the continuous operation of the Carrier, with Monday as the assigned relief day. A regularly assigned relief position was established for the purpose of affording relief to the occupant of the aforesaid position. Hence, the right to work the Weighmaster position on that day was not the Claimant's but belonged to the occupant of the relief position. In that respect, it was not a part of Claimant's regular assignment as Weighmaster. It follows, therefore, that he was not filling a regular assignment as Weighmaster 4717-6 1$$
on Monday and his assignment to that position could not be considered to be effective until Tuesday. Having seniority rights to work on the Clerk's position on Monday and being available, he should have been permitted to work said position on that day. It follows that a sustaining award is in order.
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 2.1, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and