The Second Division consisted of the regular members and
in addition Referee P. M. Williams when award was rendered.
SYSTEM FEDERATION No. 92, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
1962 agreement with the non-operating employes, where existing advance notice rules are amended effective July 16, 1962 to provide for "not less than five (5) working days' advance notice".
A further point to be considered in this case is the fact that the employes in requesting that the claimant be allowed one day's pay for time not worked are in effect requesting that rule 22 be applied as if it were a guarantee of work rule. In this respect, the Board in Second Division Award No. 1469, stated, of a rule which is similar to rule 22 involved herein, that:
Inasmuch as rule 22 clearly is not a guarantee of work rule, the rule does not support the claim, or the application of the rule that the employes contend for.
In conclusion, the carrier wishes to point out that the employes have failed to establish that the carrier has ever issued personal notice of furlough to employes when an entire craft or class of employes have been furloughed. Further, carrier's position that rule 22 in itself does not require that personal notice of furlough be issued to the individual employe, whether on duty or off duty, is supported by the Second Division's "Findings" in Awards 183, 1246 and 2274, as well as by the employes themselves, through their silent consent when carrier posted blanket bulletins of reduction in force at Pontiac, Michigan, in the past.
The instant claim is not supported by either the working agreement or the past practice in effect at Pontiac, Michigan, and should be denied and carrier requests that this Board so award.
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.
On Tuesday, March 7, 1961 Carrier posted on its bulletin board at Pontiac, Michigan Shops a notice which provided:
C'laimant's regular rest days were Tuesday and Wednesday and since he was not sent an individual notice of the furloughing he learned of it upon his return to work on Thursday, March 9, 1961; which was 3 days before the effective date of the notice.
It is the claim of the Organization that claimant should have been allowed to work until March 12, or in lieu thereof, receive one days pay at the pro rata rate because of the provision of Rule '22 (a) which states: 4395--15 278