NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD Dit'ISION
(Supplemental )
STATEMENT OF CLAIM: Time claim of Joint Council Dining Car Employees Union Local 351 on the property of Illinois Central Railroad Company for and on behalf of William Manning because of run-around imposed upon him by Carrier's failure to assign claimant, who was available and who had been available for four (4) days prior to April 30, 1958, and the fact that Mr. Tom Conway was assigned, we demand that claimant be paid for actual hours of service earned by Mr. Tom Conway from time required to report for duty, April 30, 1958, and for all other hours earned by Mr. Tom Conway during full period of the assignment commonly and herein referred to as the Derby Special.
EMPLOYES' STATEMENT OF FACTS: On May 9, 1958, claimant executed the power of attorney appointing Organization and its General Chairman his attorney in fact to handle the instant time claim. A true copy of the power of attorney is attached hereto as Employes Exhibit A. Pursuant to that authority, Organization submitted claim under date of May 9, 1958, to Carrier's Superintendent Dining Service within 20 days of its occurrence (Employes Exhibit B).
On May 12, 1958, Carrier's Superintendent Dining Service declined to progress the claim on the ground claimant was represented by another organization (Employes Exhibit C). The claim was appealed on May 15, 1958 to Carrier's General Superintendent (Employes Exhibit D) and corrected by letter May 16, 1958 (Employes Exhibit E) setting out the fact that the organization referred to in letter of denial of claim (Employes Exhibit C) was Brotherhood of Railway Trainmen. It was further pointed out by Organization's General Chairman that the Brotherhood of Railway Trainmen would not accept claimant's membership.
Carrier's General Superintendent declined the claim on appeal on June 4, 1958 on the same grounds as initially declined that it would be improper for Carrier to progress the claim with Organization, (Employes Exhibit F). On June 9, 1958, the claim was appealed to Carrier's Director of Personnel, the highest officer designated on the property to consider such appeals (Employes Exhibit G). The claim was denied on appeal at this stage on June 30, 1958 (Employes Exhibit H).
The claim of Steward Manning is not supported by the roles, and the parties to the controlling agreement are in accord that it is not valid. The claim should be denied.
All data in this submission have been presented to the Organization and made a part of the question in dispute.
OPINION OF BOARD: It appears from the record that a regular Steward assigned to Trains 1-2 became ill on April 16, 1958. Extra Steward Gressman, first out on the extra board, was assigned to the temporary vacancy on Trains 1-2 and held it until displaced April 26, by the Claimant, Extra Steward William Manning, in accordance with Article 17 (a) of the Agreement.
In 1958 the Derby Specials dining cars were stocked and staffed at Chicago and were sent out on the evening of April 30 to their respective destinations. On April 30 two Extra Stewards were assigned to the Derby Special and one more Steward was needed. Steward Conway, who was senior to Claimant, finished his last trip as a regular man on April 29, was assigned. April 80 was on a layover day of Claimant Manning's temporary assignment.
The issue in the instant case, is-"Was Steward William Manning eligible to be used on the Derby Special April 30, 1958?"
Manning was assigned to fill the temporary vacancy for ten days or until it expired, whichever was shorter, and was not entitled to take extra work from the extra board during his tenure on the temporary vacancy. Consequently, he was not eligible to be used on April 30. Whether or not Conway was available at the time is not significant as he was senior to Claimant Manning at the time. 11404-is 609