Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7629
SECOND DIVISION Docket No.
7168
2-N&W-CM-' 78 ,
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was ,rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I 0
Parties to Dispute: ( (Carmen)
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
. 1. That Carrier violated the Current Working Agreement when shift
hours of all train yard car inspectors at Conneaut, Ohio were
arbitrarily changed from
6:30
a.m. to
2:30
P.M., to 7:00 a.m. to
3:00 P.M. (first shift); from
2:30
P.m. to 10:30 P.m., to
3:00 P.m. to 11:00 P.m. (second shift); from
10:30
P.m. to
6:30
a.m., to 11:00 p.m. to
7:00
a.m. (third shift), effective
November
4, 1974 .
2.
That accordingly, Carrier be ordered to revert to previously
established shift times at Conneaut, Ohio--that is,
6:30
a.m. to
2:30
P.M. (first shift); 2:30 P.m. to 10:30 P.M. (second shift);
10:30
P.m. to
6:30
a.m. (third shift).
3.
That Carrier b e ordered to compensate. the entire Carmen Craft
working at Conneaut, Ohio and affected by above said change in
shift times one-half
(2)
hour each at the time and one-half rate
of pay from November 4,
1974
and every working day thereafter,
until violative shifts are rescinded and previously established
shifts are restored.
Findings:
The Second Division. of the Adjustment Board., upon the-whole-record-andall 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.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1
Page 2
Award No. 7629
Docket No. 7168
2-N&W-CM-'78
During September 1974 the Carrier analyzed its starting times for
transportation yard forces at Conneaut, Ohio. This analysis concluded
there was a need to have the shift times coordinated so supervisors
reporting at 7:00 A.M. could contact third shift employees who previously
were relieved at 6:30 A.M. The Carrier, therefore concluded that the
three
These
6:30
shifts should be changed to 7:00 A.M., 3:00 P. M.
and 11
:00 P.M.
shift times would change forty (40) years of scheduling the shifts at
51
2:30 P.M. and 10:30 P.M.
The Carrier held a conference with the Local Committee on September 15,
1974 and informed them of its desire to change the starting times of shifts.
The Local Chairman requested additional time to consider the matter and
this request was granted. A second conference was held on October 20,
1974 and the Local Chairman objected to the shift changes on the basis of
the inconvenience it would cause in the personal lives of employees.
Again the Local Chairman asked for additional time. On October 30, 1974
the Carrier asked the Local Chairman fox his decision
and he
stated he was
not agreeable to the change. The Carrier also posted a notice of the new
shift times on October 30, 1974.
The fundamental issue in this case is whether the carrier complied
with Rule
4
of the agreement which provides, in part:
"The starting time of any shift shall be arranged
by mutual understanding between the Local Officers
and the Employes' Committee based on actual service
requirements."
Numerous awards of this Board have held that the parties must negotiate
changes in shift times
and attempt
to reach an agreement, and if no agreement is reached in negotiations, the Carrier may establish starting times
based on "actual service requirements". See Second Division Awards 2798,
4443, 4149, 4605, 6691 and 6895. In this case the Organization had ample -
opportunity to negotiate about new starting times. The failure of the
parties to reach an agreement left the Carrier with the option of making
changes based on service requirements. The need for providing supervisory
coordira tion with third shift employees involves the efficient utilization
of employes, which directly affects service requirements.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie case e AdnInistratIve Assistant
Dated at Chicago, Illinois, this 31st day of July, 1978.