LABOR MEMBER'S DISSENT TO
AWARD NO. 7525, DOCKET N0.,7476
The majority erred in this Award when it failed to properly
adjudicate the very question that admittedly was decisive under
the controlling Rule 11. The Award acknowledges the decisive
question and the thrust of this schedule rule as:
"We conclude, however, the purpose served by this
rule is to protect regularly assigned employees from
the inconvenience and disruption entailed in shift
changes for the convenience of the carrier."
(underscoring supplied)
The Claimant was not furloughed, was not properly allowed
to exercise his seniority, was moved from job to job, shift to
shift, rest day to rest day, all at the instance(convenience)of
the Carrier. The Carrier caused the entire disruption at their
instance to effect only a force realignment for their convenience
and nobody in his correct mental state could even aver that the
Claimant wasn't extremely inconvenienced.
Even the Carrier established these factors at numerous places
in the record as criteria to cover shift change payments. Irrefutably these shift changes were for the convenience of the Carrier
and entailing extreme inconvenience on the part of the Claimant.
For these reasons and facts of record the Awards cited by the
organization should have been adopted by the neutral as the proper
rationale and controlling.
We vigorously dissent.
G. R. DeHague
Labor Member
I
LABOR MEMBER'S DISSENT TO
AWARD NO. 7525, DOCKET NO. 7476
The majority erred in this Award when it failed to properly
adjudicate the very question that admittedly was decisive under
the controlling Rule 11. The Award acknowledges the decisive
question and the thrust of this schedule rule as:.
"We conclude, however, the purpose served by this
rule is to protect regularly assigned employees from
_the inconvenience and disruption entailed in shift
changes for the convenience of the Carriar."
(underscoring supplied)
The Claimant was not furloughed, was not properly allowed
to exercise his seniority, was moved from job to job, shift to
shift, rest day to rest day, all at the instance(convenience)of
the Carrier. The Carrier caused the entire disruption at their
instance to effect only a force realignment for their convenience
and nobody in his correct mental state could even aver that the
Claimant wasn't extremely inconvenienced.
Even the Carrier established these factors at numerous places
in the record as criteria to cover shift change payments. Irrefutably these shift changes were for the convenience of the Carrier
and entailing extreme inconvenience on the part of the Claimant.
For these reasons and facts of record the Awards cited by the
organization should have been adopted by the neutral as the proper
rationale and controlling.
We vigorously dissent.
G. R. DeHague
Labor Member
I