Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10677
SECOND DIVISION Docket No. 9945
2-CRC-EW-185
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stall worth when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Consolidated Rail Corporation
Dispute: Claim of Employes:
Under date of February 17, 1981, a grievance was submitted by certified
mail number P 29 4909080. The grievance concerned instructions given by a
carrier officer to Radio Maintainers M. Dodson, W. Franklin and R. Meador,
that if their Local Chairman Gary R. Jackson continued to turn in time claims
more radio jobs would be abolished.
Local Chairman Jackson did submit a time claim and the earlier threat
from the carrier became a reality of unprecedented proportions.
Under date of April 28, 1981, the carrier issued Abolishment Notice
Bulletin No. 4-81 L B. E. W. abolishing the following Radio Maintainers'
positions: M. W. Dodson, G. R. Jackson, P. R. Siefert, J. B. Watt and T & T
maintainer W. Kennett.
Also under the same date Abolishment Notice Bulletin No. 6-81 I.B.E.W.
eliminating: L. L. Hawkey, Radio Maintainer and D. K. Edwards, District
Lineman.
Radio Maintainer R. Meador had just lost his job as an object lesson to
Local 784 that the carrier meant business.
A telephone call to the General Chairman revealed that only Local 784
suffered this slash in communications workers. Telephone calls to other
Regions confirmed that the uprecedented (sic) cut affected only Local 784.
The conclusion is manifest; the subject of the February 17, 1981,
grievance has become a reality.
Therefore, under the demand of the approved grievance of February 17,
1981, we are demanding eight (8) hours pay at the double time rate of pay for
each and every day for the following furloughed Radio Maintainers: M. W.
Dodson and R. Meador.
We are also claiming eight hours at the double time rate of pay for the
following due to either loss of job, displacement, financial hardships,
family hardships, or loss in rate of pay:
Form 1
Award No. 10677
Page 2 Docket No. 9945
2-CRC-EW-185
W. G. Franklin, Radio Maintainer, displaced
G. R. Jackson, Radio Maintainer, job abolished, displaced
C. R. Hillman, Radio Maintainer, displaced
L. L. Hawkey, Radio Maintainer, job abolished-furloughed
P. R. Siefert, Radio Maintainer, job abolished-displaced
J. B. Watt, Radio Maintainer, job abolished -displaced
W. Kennett, T & T Maintainer, job abolished-displaced
D. K. Edwards, District Lineman, job abolished, reduced in rate of pay.
In addition to all other hardships, C. R. Hillman lost his right to
re-election as Treasurer of Local 784.
This claim is filed under Rule 4-P-1 (i) with an effective starting date
of May 6, 1981, and to continue until all the above Claimants are returned to
the positions and headquarters they held prior to the May 5, 1981, Abolishment
Notices.
Also, as in the past, we demand that you put an end to this harassment,
intimidation, coercion, and interference of the Local Chairman and all those
associated with him.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and -
a11 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 organization fails to prove the violation of a Rule or Rules which
would deny Carrier's right to abolish or rearrange positions under the
Agreement. In the absence of such a Rule, abolishment of a job is clearly not
a violation of the Agreement. Asserting a contract right (rearrangement of
the work force through abolishment) cannot be construed as harassment,
intimidation, coercion or interference absent supportive evidence. In the
instant case such evidence was not presented.
Form 1 Award
No. 10677
Page 3 Docket
No.
9945
2-CRC-EW-185
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: i
Nancy .OpKer - Executive Secretary
Dated at Chicago, Illinois, this 11th day of December 1985.