EMPLOYES' STATEMENT OF FACTS: The Baltimore and Ohio Railroad Company, hereinafter referred to as the Carrier, elected to reduce its force of Sheet Metal Workers reason given-Coal Miner Strike. (This strike had been in effect since approximately April 7, 1966.) Sheet Metal Worker Donald Mankins, hereinafter referred to as the Claimant, was regularly employed by the Carrier in accordance with the provisions of the Controlling Agreement, at Keyser, West Virginia. On April 13, 1966, the Carrier posted a notice in the shop advising of furlough of that date.
Claimant held a work week of Thursday through Monday-rest days Tuesday and Wednesday.
Although forces were being restored April 26, 1966, claimant was not notified until April 28, 1966, via telephone, to return to service. He was later, April 29, 1966, advised to return to service by Certified Mail.
This dispute has been handled with the Carrier up to and including the highest officer so designated by the Carrier, with the result that he has declined to adjust it.
The Agreement effective July 1, 1921, as has been subsequently amended, is controlling.
The instant case indicates an application of the provisions of Article VI effective November 1, 1954 of the addendum to the Shop Crafts' Agreement. There is no merit to this claim at either Part 1 or Part 2.
The Carrier petitions this Division to hold this claim in its entirety as being without merit and to deny it accordingly.
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.
Commencing about April 7, 1966, various groups of miners in the West Virginia coal area left their jobs on a wildcat strike. By April 20, there was a complete strike and all mines were shut down. This area was served by various railroads including this Carrier. Claimant, in this dispute, was employed at Carrier's engine terminal facility at Keyser, West Virginia. Because of the strike, the workload at Keyser was abruptly and dramatically decreased. Carrier found it necessary to abolish certain positions and posted a 16 hour notice which involved the Claimant. The Organization contends that the Claimant in this dispute was improperly furloughed for the reason that Carrier did not give 5 working days notice prior to making the reduction in force which affected this Claimant. The Organization cites Rule 24 of the current Agreement, which is in part:
Carrier bases its right to give 16 hour notice on Article VI of the August 21, 1954 Agreement, of which the pertinent part is as follows:
This Board finds that under the provision of Article VI above quoted, Carrier was authorized to act as it did in giving a 16 hour notice instead of the 5 day notice required in Rule 24, above quoted.
This Board further finds that the above two quoted rules have been interpreted in denial Awards Nos. 2060 (Fourth Division) and 4899 of this Division. The facts disclosed in the record in this dispute disclose that there was a strike which caused an emergency condition wherein the Carrier's operations in this instance were suspended in part. Therefore, Article VI of the August 21, 1954 Agreement is the controlling rule in this case and authorized the Carrier to take the action that it did take. The record further discloses that this Claimant was notified to return to work on April 28 by telephone and by certified mail on April 29. He did not return to work until May 5th. May 3rd and 4th were his normal rest days. This indicates that as soon as the coal mines commenced operations, this Claimant was promptly returned to service.
This Board will follow prior awards cited herein which appear to be in point with the factual situation involved in this dispute, and this claim will be denied.