Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10019
SECOND DIVISION
Docket No. 9596
2-SOU-FO-184
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Southern Railway Company
Dispute: Claim of Employes:
1. That the Southern Railway Company violated the terms of the Controlling
Agreement when it furloughed Laborers (1) M. K. Lockman (2) B. G. Wilson
(3) J.
M.
Williams (4) S. E. Mozingo (5J E. C. Cholota (6) J.
H.
Mackey
(7) D.
A. Davis.
2. That the Southern Railway Company be ordered to compensate Laborers
M.
K. Lockman, B. G. Wilson, J. M. Williams, S. E. Mozingo, E. C. Cholota,
J.
H.
Mackey and D. A. Davis in the amount of forty (40) hours pay each
at the pro-rata rate.
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.
Seven employes with Firemen and Oiler seniority entered training as student
mechanics within the Carmen craft. They were furloughed from such training within
90 days and elected to displace junior employes in the Firemen and Oiler craft.
This is sanctioned by Rule 153, which provides for such displacement rights, and
by Rule 26 (b), which covers displacement rights upon force reduction, as occurred
in the training program.
The Organization claims that the seven junior employes who were displaced
(the Claimants herein), should have .been entitled to five working days' notice
under Rule 24, and they did not receive such notice. Rule 24 reads as follows:
Form 1 Award No. 10019
Page 2 Docket No. 9596
2-SOU-FO-184
"RULE 24: (a) When it becomes necessary to reduce
expenses, the force shall be reduced.
(b) Except as provided in Rule 27 with
respect to use of furloughed employees and Rule 25
Rnergency Force Reduction, when forces are to be
reduced or positions abolished, not less than five (5)
working days advance notice shall be given employees
affected and list of same shall be furnished employee
representatives."
A reading of Rule 24, in
conjunction with
Rules 153 and 26, makes it clear
that the five-working-day notice is applicable to employer whose positions are
abolished (that is, the positions in the training program). Rule 24 does not
extend such notice to employer who are displaced as a result of such job
abolishment.
Previous awards concerning virtually identical rule language reach the same
conclusion. Award No. 2274 stated:
"It is the organization°s thought that the words
'men affected', as used in Rule 22(b), and of whom a
list is to be furnished the local committee, includes
all employer affected thereby whether because of the
fact that their positions are being abolished or because
of the fact that they are being displaced, in the
exercise of their seniority by those whose positions
are being abolished. Occupants of positions being
abolished in a reduction of force by the carrier may
either lay off or exercise seniority as per Rule 24 of
the parties' agreement. See Rule 22(a) thereof. We
think the language used in Rule 22(b) should be applied
to the subject of the bulletin to which it relates.
In that sense the 'men affected' are those whose position
are being abolished. If we were to extend its meaning
beyond that subject, and relate it to all employer who
might become affected because of the fact that the men
whose positions were being abolished might have and
would exercise their seniority, we would place on the
carrier an almost impossible, and certainly an impractical
requirement, for carrier would then have to anticipate
what each employe was going to do. We do not think
such was either the intent, meaning or purpose of the
language used."
Award No. 4089 and Public Law Board 2863, Award No. 2 are to similar effect.
Form 1
Page 3
Claim denied.
fir.
Attest:
Award No. 1001 9
Docket No. 9596
2-SOU-FO-184
A W A
R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
Nancy . ver - Executive Secretary
Dated at Chicago, Illinois, this 8th day of August, 1984.