Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7654
SECOND DIVISION Docket No. 7407
2-AT&SF-EW-'78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 97, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
1. That the Carrier erred and violated the contractual rights of
Mr. Dennis F. Gibson by failing to give him proper advance notice
of his furlough.
2. That,therefore, he be compensated fox five (5) days at his pro
rata rate of pay.
3. · That the five (5) days be credited as days worked towards his
vacation requirement.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Rule 24(b) provides that an employe is entitled to five (5) working
days' notice if there is a reduction in force or if the employee's position
is abolished. In this case, the Claimant was furloughed following the
return of another employee to his regularly assigned position. There
was neither a reduction in force nor the abolishment of any position at
the time of the Claimant's furlough. This Board therefore must find that
Rule 24(b) was not violated by the Carrier.
A W A R D
Claim denied.
Form 1
Page 2
Award No. 7654
Docket No. 7407
2-AT&SF-EW-'78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 15th day of August, 1978.