NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee William E. Helander when award was rendered.
SYSTEM FEDERATION NO. 130, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (BOILERMAKERS)
THE BALTIMORE & OHIO CHICAGO TERMINAL
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: That Rule 18 of the current agreement was violated by taking J. Waldhand, 1. Cutler and Z. Dutton out of service without giving them four days' advance notice and that they should be paid the amounts indicated below in connection with the dates they were removed from service:
"(a) When it becomes necessary to reduce the forces at any point or in any department or subdivision thereof, seniority as per Rule 22 to govern; and employes affected to take the rate of the job to which they are assigned.
(b) When force is reduced, four days' notice will be given the men affected before reduction is made, and lists will be furnished the local committee.
only the filling of temporary vacancies in the regular assigned force, has much less support than the claims covered by these two awards.
The carrier feels that the inconsistencies and lack of any merit in the employes' claim will be immediately and clearly apparent to your Board, and not needing extended rebuttal, but the carrier also feels obliged, in the interest of proper defense, to point out only some of the evils that would result if a claim of this character should be sustained.
It is the position of the carrier that its denial of the claim of the employes is upheld by your Award No. 439, and that Rule No. 18 (b), relied upon by the employes in support of their claim, has no bearing in the case, since there was no reduction in force such as contemplated by the rule. Therefore, the claim of the employes is without any merit and should be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
This Division has had many cases involving furloughed men called to fill assignments of one or more days' duration and then laid off without givingthem notice required by the rules of agreements pertaining to reduction of forces. In all of the cases where the furloughed men were worked in addition to the regularly assigned men this Division, generally, has held the agreements required notice.
This case, however, involves the employment of furloughed men called to fill the places of regularly assigned employes who laid off.
The force, in the instant case, was not increased or reduced and, therefore, it was not necessary under these circumstances to give the employes involved in this case four days' notice before they could be laid off.