NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS AWARDS 3801 TO 3900 THIRD DIVISION Interpretations (Serial Nos. 69, 70, 71 and 72) VOLUME 36 CHAMPLIN-SHEALY COMPANY 100 N. LaSalle Street Chicago 2, Illinois 365 PRINTED IN U. S. A. Docket No. DC-3799 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION James M. Douglas-Referee PARTIES TO DISPUTE: JOINT COUNCIL DINING CAR EMPLOYES, LOCAL 495 ATLANTIC COAST LINE RAILROAD COMPANY STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 495 for and in behalf of Bartender H. Townsend, that he be compensated for the difference in the rates of pay of a waiter and a bartender, from December 12, 1946, until he is allowed the privilege of exercising his rights as a bartender. OPINION OF BOARD: Carrier operates through dining and tavern cars on trains between New York and Miami, using in Florida the lines of the Florida East Coast Railway. Claimant Townsend was assigned as a bartender on such a run. It appears claimant and an F.E.C. conductor had some words, and officials of the F.E.C. notified Carrier to withdraw Townsend from service on its line. No formal charges were lodged, no hearing held or requested. No formal action was taken by Carrier. After an informal conference with Carrier, claimant voluntarily relinquished his position on that run. But we find nothing in claimant's conduct which may be construed as a waiver by him of his right to insist on the benefits of his seniority, even to an assignment which would take him over the F.E.C. Lines. Later by exercising his seniority he was assigned a position as bartender on a run which did not operate over the F.E.C. This run was subsequently abolished, and on December 12, 1946, all tavern car service of Carrier was limited to trains operating over the F.E.C. Thereupon claimant applied for a position as bartender on one of these trains to which he was entitled by seniority. Because of the previous objection to him by the F.E.C. officials, Čarrier refused him such a position, and he had to take an assignment as a waiter at a lower rate. Carrier's position in this case appears to be that its employes have no contractual or seniority rights to positions on such runs as Carrier may operate on foreign lines. But that contention cannot be sustained. The agreement between Carrier and its employes covers all Carrier's dining car service wherever Carrier may provide it. When Carrier operates through service between points requiring the use of connecting lines, the coverage of the agreement is certainly not confined to the limits of Carrier's own rails. Carrier's employes remain its employes with all the rights and privileges accorded them by their agreement with Carrier regardless of the lines over which Carrier furnishes its service. There can be no question of claimant's fitness and ability. The Carrier has raised none on its own accord and could not properly do so because it continued claimant as a bartender on runs not using the F.E.C. The F.E.C. may not raise such question because it is not a party to the Agreement so is not, and cannot be, the judge of such qualifications. Compare Award 1233. It is clear that Carrier has improperly denied claimant the benefits of his seniority, and the claim must be sustained. 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 Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934; That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and That the Carrier has violated the Agreement. AWARD Claim sustained. ATTEST: H. A. Johnson NATIONAL RAILROAD ADJUSTMENT BOARD Secretary Dated at Chicago, Illinois, this 26th day of February, 1948. Docket No. DC-3843 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION James M. Douglas, Referee PARTIES TO DISPUTE: BROTHERHOOD OF RAILROAD TRAINMEN THE NASHVILLE, CHATTANOOGA AND ST. LOUIS RAILWAY STATEMENT OF CLAIM: Claim for a minimum day for extra or emergency dining car steward who stood to be used on each date dining car operated without a steward on trains 105-5 and 6-106, known as "The City of Memphis", since May 17, 1947, on which date this train made its initial trip. JOINT STATEMENT OF FACTS: Effective May 17, 1947 a new coach train known as "The City of Memphis" was put in service between Memphis, Tennessee and Nashville, Tennessee, distance 239 miles, making a round trip daily. This train operates over two sub-divisions on the following schedule: Under date of May 9, 1947, the Manager of Dining Cars issued Bulletin No. 150, reading: "ALL COOKS, WAITERS, AND WAITERS IN CHARGE. Effective with arrival No. 6-106, on May 16, 1947 at Memphis, Tenn. The Cafe Car on this run will be abolished, and Waiter In Charge, 1st Cook, Waiter, now on this run will be abolished. Effective May 17, 1947, the new train "The City of Memphis' will be put in service on Trains 5 & 6, Operating from Memphis, Tenn., to Nashville, Tenn. and return each day. This new Train will use on this run a Dining and Tavern Lounge Car combined into one car. The following jobs on this run between Memphis, Tenn. and 1 Waiter In Charge of Dining Car, to be in charge of Dining Car |