RAILROAD DIVISION OF THE TRANSPORT WORKERS
UNION OF AMERICA, C. I. O.
STATEMENT OF CLAIM: Claim of Employes-That it is inconsistent with the current agreement to have the carrier use men to perform the work of Track-Equipment Operators by employes assigned to another craft or class of work. Mr. Martin DiGiovine and Mr. Win. Miller are regularly assigned Track-Equipment Operators.
On April 1 and 2, 1954, Mr. Stephen Palombo, a trackman so assigned, was used as track-equipment operator. Mr. DiGiovine, regular assigned track-equipment operator was off these two days. They were his rest days.
On April 5, 1954, Mr. Stephen Palombo, a trackman so assigned, was again used as track-equipment operator. Mr. Miller, regular assigned trackequipment operator, was off this day. It was his regular rest day.
Past practice of the carrier has been that when men were needed as track-equipment operators the men regularly assigned to this work did it regardless of their rest days.
As the work of track-equipment operators belongs to this class of employes so assigned, we are asking that Mr. DiGiovine be paid for April 1 and 2, 1954 and Mr. Win. Miller be paid for April 5, 1954 for work performed by Mr. Palombo, regularly assigned trackman.
The Organization asks that since improper employes were used to do this work that for April 1 and 2, 1954, Mr. DiGiovine be paid eight (8) hours for each day at the punitive rate. That for April 5, 1954, Mr. Miller be paid eight (8) hours punitive rate.
OPINION OF BOARD: This Board finds that the claim as cited by Petitioner is not supported by the Agreement or other documentary evidence.
FINDINGS: The Third Division of the Adjustment Board, 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;