STATEMENT OF CLAIM: Claim of W. E. McIntire, Second Cook, for difference in earnings on November 13, 1949, and all subsequent dates and for time lost December 1 to 5, inclusive 1949 and subsequent dates and similar claims from R. C. Markus and J. J. Kilstrom and all other chefs ant cooks whose seniority was affected or who were eliminated from service altogether on account of four Cafe Coach Cooks' positions on the St. PaulWinnipeg, trains being abolished, based on Rules 1, 2, 16 and 22 of the Chefs' and Cooks' Agreement effective March 1, 1948.
EMPLOYES' STATEMENT OF FACTS: Prior to November 6, 1949, Cafe Coach Cooks D. J. Welligrant, Carl Schroers, H. F. Braun and Eric Erickson were assigned to prepare and cook food on cafe coaches operating between St. Paul and Winnipeg on Trains Nos. 1-13 and between Winnipeg and St. Paul on Trains 14-2 in accordance with agreement between the Northern Pacific Railway and the Dining Car Chefs, Cafe Coach Cooks, Dining Car Second, Third and Fourth Cooks represented by the Order of Railway Conductors.
In these St. Paul-Winnipeg trains, there were also four waiters employed on the cafe coaches. In other words, one cafe coach cook and one waiter were employed on each cafe coach.
Effective November 6 1949, the Carrier canceled the assignment of the four Cafe Coach Cooks and assigned the preparing of food and other kitchen work to the four waiters on these cafe coaches.
Because their positions were abolished and the work of preparing and cooking food on the cafe coaches was turned over to the Waiters, it was necessary for the four Cafe Coach Cooks on the St. Paul-Winnipeg runs to exercise their seniority to other runs displacing four cooks junior to themselves.
As a result of such exercise of seniority, W. E. McIntire who was regularly assigned as second cook on Trains Nos. 50-51-1-2 (North Coast Limited) was displaced on November 12, 1949 and had to exercise his seniority to position of Third Cook at a lower rate of pay and on December 1, 1949
he was again displaced and lost a round trip December 1 to 5, inclusive, anti finally was eliminated altogether from service as cook on the Northern Pacific Railway.
Messrs. R. C. Markus and J. J. Kilstrom who were regularly assigned as third cooks on the North Coast Limited were also displaced as a result of the
The foregoing pronouncement by this Division is particularly applicable to the claim covered by this docket. Traditionally and historically all work in connection with preparing and serving food on a car upon which only one Dining Car Department employs is assigned is performed by a waiter in charge. This is precisely what occurred on the cafe coach operated between Manitoba Junction and Winnipeg on and after November 6, 1949.
What the Employes are herein seeking is a new rule through the medium of an award of this Division. The effect of an award sustaining this claim would give to the Employes the right to perform all service of preparing foods in dining car service. The Carrier in the claim of Cafe Coach Cooks Welligrant, Schroers, Braun and Erickson has shown that the Employee attempted to secure such a rule in the negotiation of the rules resulting in the current agreement but were not successful in doing so.
This Division in a series of awards involving Dining Car employes has consistently refrained from rendering awards that would have the effect of allocating certain work to specific classes of Dining Car employes in the absence of rules granting to such classes of employes the types of work occasioned. See Awards Nos. 493, 782, 3523, 3802, 4019, 4240 and 4502 of this Division.
Moreover, employes included within the scope of the agreement with Dining Car Employes Union, Local 516, have a vital interest in the outcome of this dispute. Should this Division render an award that would have the effect of requiring the assignment of a cafe coach cook on the cafe coach operated between St. Paul and Winnipeg in lieu of the waiter in charge, Dining Car Employes Union, Local 516, has a right to be heard before any award is rendered that would operate to replace the waiter in charge with a cafe coach cook. See Award 2596 of this Division and awards therein cited.
Notwithstanding the absence of any rule of the Chefs' and Cooks' Agreement that sustains this claim, the claim covered by this docket nevertheless cannot be sustained as Cooks McIntire, Markus and Kilstrom were not displaced by occupants of positions of cafe coach cooks assigned to Trains Nos. 1-13 and 14-2. Consequently in any view of this case the claim of the Employes is untenable.
The Carrier has shown that the positions of cafe coach cooks assigned to trains Nos. 1-13 and 14-2 prior to November 6, 1949, were properly abolished and that likewise the occupants of these positions exercised seniority in conformity with the rules of the current Chefs' and Cooks' Agreement when affected by the abolishment of their positions. The Carrier has also shown that Cooks McIntire, Markus and Kilstrom were not displaced by cafe coach cooks assigned to the cafe coach operated between St. Paul and Winnipeg prior to November 6, 1949. The claim covered by this docket should therefore be denied.
OPINION OF BOARD: It is apparent in view of our Opinion and Findings in Award 5308, that the claim asserted in this docket is not sustainable.
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: 6310-10 13$