Form 1 NATIONAL RAILROAD ADiTTSTMENT BOARD Award No. 7675
SECOND DIVISION Docket No. 7482
2-SCL-MA-'78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That under the applicable agreement the Carrier improperly paid
Machinists 0. L. Jones, G. H. Mi1.1s and C. Williams for changing
from one shift to another shift on August,
9,
August 11, and
August 18, 1975.
2. That accordingly, the Carrier be ordered to additionally compensate
Machinists 0. L. Jones, four hours straight time August 9th, G. H.
Mills four hours straight time August 11th and C. Williams four
hours straight time August 18, 1975.
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.
By Bulletin No. 76 - Force Reduction - dated August 1, 1975, Mechanical
Department Employees were notified that "Effective with close of business
August
8,
1975, the following force reductions would be made." Thereafter
information relative to the shift, lunch period, work week and rest days by
department involved was cited on the Bulletin, followed by the number of
jobs by classification, e.g. 12 Machinists, 1 Blacksmith Apprentice, etc.,
followed by the "affected employees" and "junior employee" of each classification (e. g. 12 Machinists by name and I.D. No. as "Affected" and. 12 more
machinists by name and I.D., as "Junior"); this same procedure held through
the various crafts indicated to be affected by the force reduction.
Form 1
Page 2
Award No.
7675
Docket No.
7482
2-SCZ-MA-'78
By Bulletin No.
91
- Exercise of Seniority - dated August 14,
1975,
notice was given of the changes effected as a result of Bulletin No.
76,
insofar as machinists were concerned. In essence it detailed the various
displacements resulting from the exercise of seniority of those affected
by the force reduction.
The Organization argues that the provisions of Rule 11
first paragraph:
Changing Shifts
"Employees changed from one shift to another will be paid
overtime rates for the first shift of each change. Employees
working two shifts or more on a new shift shall be considered
transferred. This will not apply when shifts are exchanged
at the request of the employees involved."
applies where a shift change was involved because the changes were instituted
to benefit the Carrier and not at the request of those affected. The Carrier
argues that Rule 11 was instituted to prevent the Carrier from indiscriminately
switching an employee from one shift to another, and 'that force reductions
do not fall within the ambit of conditions contemplated in Rule 11.
We find no merit in the organization's position. Bulletin No.
76
cannot be construed other than to serve notice of the abolishment of
"12
Carmen, 1 Blacksmith Apprentice,
12
Machinists ... and 1 Painter Apprentice"
jobs. The decision to exercise seniority rights was exclusively that of the
affected employee and if such exercise entailed a change of shifts, this
cannot be construed to represent an employee being "changed from one shift
to another" as contemplated by Rule 11. It seems equally plausible that an
employee's rights to a particular job on a par-ocular shift depends upon two
factors - the existence of that specific job and the ability of the employee
to hold that job given his seniority status as compared to other employees-in
the same classification. Thus, an employee has rights to a specific job
only so long as his seniority credentials are superior to others (or, of
course, assuming more senior employees do not wish to exercise such rights).
In case of a force reduction, an affected employee may retain his rights-inseniority but not necessarily to that job; such rights now move elsewhere and
are valid in comparison to a less senior employee. This transitory application
and exercise of seniority rights can hardly be considered for the Carrier's
convenience, as in this case, although it clearly may inconvenience the
affected employee.
A W A R D
Claims are denied.
a
Form 1 Award No
. 7675
Page
3
Docket No. 7482
2-SCL-MA-'78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY l ~R.~l.t.~`·-~./
emarie Brasch - Administrative Assistant
Dated Chicago, Illinois, this 29th day of August,
1978.