Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10251
SECOND DIVISION Docket No. 9808
2-N&W-CM-'85
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
Parties to Dispute:
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Carrier violated Rule 25 (c and d) and also Article III -
Holidays of the August 19, 1960, National Agreement, when
on
August 28,
1980, the Carrier failed to properly recall Up-graded Carmen Apprentices
R. T. Bowen III, M. D. White, J. A. Browning, Jr. and Regular Carman
Apprentice A. D. Meadows from Emergency Furlough of August 26, 1980,
due to a Power Outage at Princeton, Virginia.
2. That accordingly the Norfolk and Western Railway Company be ordered to
compensate the aforementioned Up-graded Carmen Apprentice, and Regular
Apprentice eight (8) hours at the applicable rate of pay for August 29,
1980, and also eight (8) hours pay at the applicable Holiday rate of
pay for September 1, 1980.
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.
On August 26, 1980, effective at 11:30 P. M., an emergency reduction in forces
was made at the Princeton Car Shop in Princeton, West Virginia due to a power
outage; and some 140 employees were furloughed. .A11 employees affected by the
emergency force reduction were called
on
August 28, 1980 to return to work on
their next available shift; as of 12:01 A. M., August 29, 1980. Also a notice
recalling all employees for their shifts on August 29, 1980 was posted prior to
noontime on August 28, 1980, with a copy to the Local Chairman. The four Claimants
in this case were the only employees who could not be reached by the Carrier's
telephone calls.
The Carrier states, and it is not challenged, that numerous attempts were
made on August 28, 1980 to contact the Claimants at the telephone numbers on file
for each of these individuals to notify them to return to work, however there was
no response to these telephone calls.
Form 1
Award No. 10251
Page 2 Docket No. 9808
2-N&W-CM-'85
The Organization requests that the Claimants be paid for eight hours at
their respective rates of pay for August 29, 1980 because the Carrier failed to
properly recall these four employees to work for August 29, 1980; and the
Organization requests pay for eight hours at their respective rate of pay for
Labor Day, September 1, 1980 under Article III, Holidays, of the August 19, 1960
National Agreement. The Organization cites Second Division Award 3690 as
authority that a person is not notified of a recall until contacted by the
Carrier. The Organization states that the Carrier never notified the Claimants
of the recall, and as such they were still furloughed employees, not only
entitled to pay for the lost shift on August 29, 1980, but also they were
entitled to Holiday pay as furloughed employees who had worked more than eleven
days in the 30 calendar days preceding the Holiday with the requisite seniority
to qualify under Article III - Holidays.
We are compelled to deny this claim in its entirety. The record is clear
that all employees affected by the emergency furlough were called on August 28,
1980 to return to duty on their respective shifts on August 29, 1980. Paragraph
(c) of the Reduction of Force Rule allows an employee 10 days in which to file a
record of his address, but in this case the emergency force reduction lasted some
two full days plus one-half hour. Paragraph (c) does not contain a requirement
that the Carrier must notify employees laid off for two days under a temporary
emergency such as power outage by individual letters. Rule 25(d) was not
violated in this case, since the Carrier restored all forces to their former
positions as of August 29, 1980. The manner of notification; that of telephone
calls to all affected employees, was clearly suited to the circumstances existing
at that time, and facilitated the prompt restoration of forces in the interest of
both employees and their seniority rights as well as the Carrier's interest.
This case is not within the purview of Second Division Award 3690. In that case,
on a different property with different rules and practices, the Carrier did not
telephone the two Claimants, with notice of recalls to service after an emergency
reduction in forces due to a flood, and their claim for failure "to notify or
call" the Claimants was sustained. In the instant case the Carrier telephoned
the Claimants throughout August 28, 1980 to give them notice of the recall, and
their telephones were not answered. We find that this manner of notification,
diligently pursued by the Carrier, was suited to the circumstances of this case.
We thus find no violation of Rule 25(d) in this case.
We find that in the narrow context of this temporary emergency furlough, the
posting of the notice of recall on the bulletin board prior to noontime on August
28, 1980, coupled with the evidence of a diligent effort to reach the Claimants
by telephone throughout August 28, 1980 to notify them of the recall, to be
effective as of 12:01 A.M. on August 29, 1980 was sufficient to again establish
the Claimants as regularly assigned employees as of 12:01 A. M. on August 29,
1980. Since the Claimants were not on furloughed status on August 29, 1980,
Article III - Holidays of the August 19, 1960 Agreement was not applicable to
them.
Form 1
Page 3
A W A R D
Claim denied.
Award No. 10251
Docket No. 9808
2-N&W-CM-'85
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1985.