Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9885
SECOND DIVISION Docket No. 9763
2-B&O-CM-' 84
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada, A. F. L. - C.1. O.
Parties to Dispute:
( The Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
No. 1. That Carrier violated the terms of the controlling Agreement, specifically
Rule 24 (b), when on the date of April 8, 1981 Carman, J. E. Forbeck's furlough
went into effect without proper notification, as provided in the above mentioned
rules, thus causing Claimant to be monetarily injured to the extent of four (4)
cvrking days.
No. 2. That accordingly, Carrier be ordered to compensate Claimant, J. E.
Forbeck, Cumberland, Maryland, for actual time lost account this violation, four (4)
days, at eight (8) hours' per day, at the straight time rate of pay.
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 employes 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.
The Claimant, Mr. J. E. Forbeck, held a regular assignment as a Carman at:
the Carrier's Cumberland, Maryland facility. On April 2, 1981, notice was posted
to impending job abolishments and the furlough of various employees, including
Mr. Forbeck, in the Carman Craft, to be effective at the close of business April 8,
1981. The notice listed the names and positions of employees whose positions were to
be abolished, the names of those employees who would be affected, and the effective
date of the force reduction. The notice was posted on all bulletin boards on
April 2, 1981. During the period March 27, 1981, through April 7, 1981, Mr.
Forbeck was on his scheduled vacation. Mr. Forbeck reported for and worked on
April 8, 1 981 and was furloughed at the end o f his shift on that day.
The organization contends that Mr. Forbeck did not receive proper notification
as required by Rule 25(b). It states that Claimant was on vacation on the date
of April 2, 1981, at which time the notice of furlough was placed on the bulletin
board by Carrier and that he did not return to the property until April 8, 1981.
It states that Mr. Forbeck was for the first time on April 8, 1981, notified that
he was an affected employee. The Organization states that he was contractual) y
entitled to a "five working days' advance notice" under Rule 24(b), and not being
afforded such notice, he was monetarily injured to the extent of four (4) days
Form 1 Award No. 9885
Page 2 Locket No. 9763
2-B&O-CM-'84
compensated service. Further, the Organization contends that the arbitrary posting
of this furlough notice on the bulletin board by Carrier caused mass confusion on
account of the
uncertain wording
of the bulletining, naming employes who "stood" to
be affected, not clearly stating that such employes would, in fact, be placed in
furloughed status. The Organization contends that inasmuch as Mr. Forbeck was
not on duty at the time notice was posted, he should have been afforded an individual
notice so that he would 7.e made aware of his imminent furlough.
The Carrier contends that Rule 24 clearly contemplates that five working days'
advance notice of furlough would be carried out by bulletin as paragraph
(j)
of
Rule 24 prescribed the form of such bulletin. The Carrier further contends that
Rule 24 had been revised to the satisfaction of all parties, including the Carmen,
to provide five working days' notice to employees affected by a force reduction,
and that the rule providing for individual notice to affected employees was
specifically removed from the rule with the full knowledge of all of the parties.
Rule 24 states in pertinent part:
M
(b) (1) Five working days' advance notice will be giren to employes
affected before the abolishment of positions or reduction in force, and
list of employes affected will be furnished to the local committee
using the STANDARD FORM shown below under paragraph
(j)...
(j)
Except in cases of emergency force reductions as covered by Section
(b)(2) and (b)(3) of this rule, the following STANDARD FORM will be
used to notify all concerned of position abolishments and force reductions.
STANDARD FORM TO BE USED WREN
ABOLISHING POSITIONS AND REDUCING FORCES
Location
Date
7b all Concerned
The following position(s) will be abolished. Employes whose
positions are abolished will be governed by the provisions of
Rule 24:
Title of Position Incumbent
Effective
Time Date
The following employ(s) stand to be affected as a result of
force reduction:
cc: Local Committee
Supervisor in Charge"
Form 1 Award No. 9885
Page 3
Locket No
. 9763
2-B&O-CM-'84
The record shows
that prior to the revised and reprinted Agreement of 1980,
specific instruction
existed in the
prior Agreement to
provide individual notices
to each employee
affected by a
furlough and that such instructions were removed
from the revised rule,
which was
in effect in April of 1981. We find that Rule
23(b),
as revised,
provides for
5 working days' advance notice when forces are reduced,
and
23(j) provides that
the following
STANDARD FORM will
be used
to notify "a11
concerned" of force
reductions while
the STANDARD
FORM is addressed "To
all Concerned".
We find that
the language used
by the parties in the revised rule clearly compels
us to find that
the parties
intended to provide one standard and
public
type of notice
to
the employees
affected by position abolishments and force reductions and that
notice was a
general notice
to all employees concerned as opposed to individual
notice. We have reviewed the notice
posted at
Cumberland, Maryland on April 2,
1981 and
the
notice is in full compliance with
the Standard Form
required by paragraph
24(j). We
agree with
the Organization
as to the possibility of confusion in the use of
the language
"The following employes stand to be affected...", however such language
is the exact
language agreed to by
the parties in the Standard
Form. The Organization'
position that an employee who is not on duty during the period a notice is
posted
should receive individual notice
is
a
reasonable position. This Board has no
authority to revise
the revised rule,
however, the parties
themselves have the power
to correct problems that
become evident in
a revised rule.
A W A
R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of
Second Division
ATTEST:
~"'^
Nancy J r - Executive Secretary
Dated at Chicago,
IIInois, this 9th day of May,
1984