PARTIES TO DISPUTE

SYSTEM FEDERATION No. 91, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L. -- C. I. 0.

(Carmen)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY

DISPUTE: CLAIM OF EMPLOYEES:








EMPLOYES' STATEMENT OF FACTS: Effective at 7 AM, July 1, 1962, all carmen's positions at West Knoxville were abolished and the 13 carmen assigned thereto were furloughed. Prior to the force reduction, these carmen were assigned as follows:









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Based on the common-sence, practical reasons which are contained in the record; the fact that the claim is not supported by the agreement; the fact that employes have not offered the necessary proof in support of the claim; and the fact that the claim is entirely lacking in merit, carrier respectfully requests that it 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.




It is not disputed that the Carrier furloughed all carmen at West Knoxville, Tenn., effective July 1, 1962 and assigned the work previously performed by these employes to working foremen and others.


The Organization requests restoration of furloughed carmen to their former positions, compensation for all time lost and payment of all premiums on hospital, surgical and group life insurance policies while the employes in question were in furloughed status.


Carrier contends that absent a showing of violation of the current Agreement the claim must be denied in its entirety. Carrier points to Rule 30(a) and 30(b) which provide that where there is not sufficient work to justify a mechanic of each craft the mechanic or foremen employed at outlying points (West Knoxville is explicitly defined as such an outlying point in the contract) shall perform the work of any craft that may be necessary. Carrier states that work at the point in question diminished to such an extent that sound managerial judgment required it to furlough the carmen in question. Carrier also points out that all furloughed carmen were transferred to other work except for one man who refused to take a transfer except to one job where he was not needed.



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                  Vice-Chairman


Dated at Chicago, Illinois, this 26th day of February, 1965.