NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS AWARDS 2001 TO 2100 INTERPRETATIONS (Nos. 35, 36, 37, 38 and 39) THIRD DIVISION VOLUME XVIII SUBURBAN PRINTERS & PUBLISHERS, INC. 415 Printed in U. S. A. Docket No. TE-1980 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION PARTIES TO DISPUTE: THE ORDER OF RAILROAD TELEGRAPHERS WABASH RAILROAD COMPANY Wabash Railway Company, Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers. STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on Wabash Railroad, that the agenttelegrapher at Valley City, Illinois, be paid a call under Rules 1-(c) and 5-(b) of the Telegraphers' Agreement on August 8, 17, and 20, 1941, on which dates train orders governing the movement of helped engines Valley City to Baylis were handled at Valley City by employes not under said agreement, during the time the agent-telegrapher at Valley City was not on duty; and that the agent-telegrapher at Valley City be likewise compensated on every subsequent similar occasion on which train orders have been likewise handled at Valley City. FINDINGS: The Third Division of the Adjustment Board finds: That the dispute was certified to the Third Division of the Adjustment Board ex parte by complainant party; That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and That hearing thereon has been held and concluded. Under date of September 14, 1942 the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted. AWARD Case dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: H. A. Johnson Secretary Dated at Chicago, Illinois, this 1st day of October, 1942. [1] Docket No. DC-1993 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION PARTIES TO DISPUTE: BROTHERHOOD OF RAILROAD TRAINMEN WABASH RAILROAD COMPANY STATEMENT OF CLAIM: Complaint and protest against the removal of dining car stewards from Trains Nos. 10 and 11 between St. Louis and Chicago and placing the handling of these dining cars in charge of colored waiters in lieu of stewards. EMPLOYES' STATEMENT OF FACTS: Trains Nos. 10 and 11 (known as The Banner Blue) operate between St. Louis and Chicago. At the time this complaint originated, No. 10 was scheduled by timetable out of St. Louis at 12:00 noon and due to arrive in Chicago at 5:30 P. M. No. 11 was scheduled out of Chicago at 11:40 A. M. and due in St. Louis at 5:10 P. M. For a number of years prior to and at the time of negotiating into effect the schedule for dining car stewards effective February 1st, 1939, dining car stewards were assigned to Trains Nos. 10 and 11 (The Banner Blue). On July 15, 1941 the carrier discontinued the service of dining car stewards on Trains Nos. 10 and 11 and placed colored waiters in charge of these dining cars. The colored waiters are not represented by the Brotherhood of Railroad Trainmen and they do not hold seniority as dining car stewards. The colored waiters are represented by an organization of their own not in any way affiliated with the Brotherhood of Railroad Trainmen. Therefore, colored waiters are not represented by the general committee of the Brotherhood of Railroad Trainmen. Effective February 1, 1939 an agreement was negotiated into effect between the carrier and general committee of the Brotherhood of Railroad Trainmen governing wages and working conditions of dining car stewards. Article 1 provides: The following rules will govern the rates of pay, hours of service and working conditions of stewards when employed in the Dining Car Department. (It will be understood, however, that these rates, effective De- Par. A. Two hundred and forty (240) hours or less will constitute a basic month for regularly assigned stewards who are ready for service the entire month and who lose no time of their own accord. Par. B. Stewards will be paid overtime on the actual minute basis for all time on duty in regular assignment in excess of two hundred and forty (240) hours at pro rata rate, except that actual continuous time authorized for rest on trip or at layover, turn-around, set-out or terminal points, will be deducted from the continuity of time in all cases where the interval of release from service is one (1) hour or more. Par. C. The Railroad Company will designate the rest time on trips and at release points, subject to the requirements of the service. Par. D. Time will be counted as continuous for each trip from the time required to report for duty until released from duty, subject to the exceptions mentioned in Paragraph B of this Article. Par. E. Extra stewards performing road service in place of a regularly assigned steward, or on extra assignments, will be paid in accordance with their years of service and classification. When used for extra road service stewards will be paid for actual time worked with a minimum of eight (8) hours for each day so used. Article 4 provides: ARTICLE 4 — MONTHLY GUARANTEE Regularly assigned stewards who are ready for service the entire month and who do not lay off of their own accord, shall be paid for not less than two hundred and forty (240) hours. Article 7 provides: ARTICLE 7 SENIORITY Par. A. Seniority dates of stewards will date from the first pay trip after they have completed necessary application papers. Par. B. Seniority dates of stewards in service prior to the effective date of this agreement have been established by record and are hereby agreed to be correct. Par. C. No steward's application will be disapproved after he has been in the service of the carrier for a period of sixty (60) days. Par. D. Seniority rosters will be published on January 1st of each year showing the dates of employment and the relative rank of all stewards in the service. Seniority dates as established by the first roster upon which such stewards' names are shown, shall not thereafter be subject to change unless protest is filed in writing with the Superintendent Dining Cars and Local Chairman within sixty (60) days of the date of the issuance of such roster in which case adjust |