Form 1 NATIONAL Ri%ILROAD AnTUSTMENT BOARD Award No. 11069
SECOND DIVISION Docket No. 10458
2-BN-EW-'86
The Second Division consisted of the regular members and in
addition Referee Steven Briggs when award was rendered.
(International Brotherhood of Electrical ~hbrkers
Parties to Dispute:
(Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That in violation of the current Agreement Rule 22 in particular,
Electrician Armin Williams was prematurely furloughed effective the close of
his shift on May 16, 1982.
2. That accordingly, the Burlington Northern Railroad be ordered to
compensate the aforementioned Armin Williams eight (8) hours pay per day at
the pro rata rate for a period of eight (8) days beginning May 17, 1982 and
continuing through May 24, 1982.
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, an Electrician at the Carrier's Diesel Repair facilities in Havre, Montana, was given notice on May 11, 1982, that due to force
reduction he was to be furloughed at the close of his shift on May 16, 1982.
Two additional Electricians were given like notices. The three men were the
three junior Electricians employed at the Havre Diesel facility, with the
Claimant being the senior of the three.
The positions occupied by these men were needed positions, so the
Carrier also posted a notice on May 11, 1982, advising that three Electricians' positions (employes senior to those furloughed) would be abolished at
the close of the shift on May 16, 1982. Under the Agreement, those senior
Electricians had five days within which to exercise their seniority and
displace junior employes still in service. Thus, the abolishment of the three
Electricians' positions was to coincide with the furlough of the three junior
Electricians, and the three youngest employes remaining in service would be
required to take the rate of the job to which they were assigned.
Form 1 Award No. 11069
Page 2 Docket No. 10458
2-BN-EW-'86
The organization asserts that the Claimant was prematurely furloughed
with the close of his shift on May 16, 1982, since it denied him the right to
exercise his seniority by continuing to work on his bulletin assignment until
displaced. His position was not filled by a senior employe until May 21,
1982. Moreover, the Organization notes, due to a variety of circumstances
involving the medical leave of a senior Electrician, the Claimant's own seniority would have allowed him to hold that vacant position until May 24, 1982.
Simply put, the Claimant owned a bulletined position which was not abolished
and, in violation of Rule 22, he was prematurely laid off prior to being
displaced by a senior employe. The Organization asserts that such action was
in violation of Rule 22 and in contrast to long standing past practice.
The Carrier also relies on Rule 22 in support of its position. It is
quoted in pertinent part below:
"Rule 22. REDUCING HOURS OR FORCE
(a) When it becomes necessary to reduce expenses,
forces will he reduced. When forces are reduced,
employes will be laid off in reverse order of their
seniority, employes remaining in service to take the
rate of the job to which assigned
...
(b) Not less than five (5) working days' notice will
be given before forces are reduced."
(g) The exercising of seniority to displace junior
employes, which practice is usually termed 'rolling'
or 'bumping,' will be permitted only when existing
assignments are cancelled, in which case the employe
affected may, within five (5) days, displace any
employe his junior whose position he is qualified to
fill."
The Carrier argues that its furloughing the Claimant, together with
two other Electricians, by giving them a five day notice and further abolishing three other positions by a separate notice, is a practice of long standing. The Carrier advances a procedural argument as well, having to do with
the processing of the Claim.
After a thorough review of the Parties' arguments, we are persuaded
that the Carrier's interpretation of Rule 22 is the more accurate. From Paragraph (a), employes "will be laid off in reverse order of their seniority,"
when forces are reduced. Paragraph (b) specifies that employes shall receive
"not less than five working days' notice" before forces are reduced. The
record demonstrates that the Claimant was furloughed in reverse order of seniority, and that he did indeed receive the contractually required five days'
notice. Moreover, the Board is not convinced that a binding practice exists
contrary to the Carrier's action here, especially in view of cases cited by
the Carrier in support of its position. And .finally, nothing in Rule 22 has
convinced us that it is contractually premature to furlough junior employes
with a five-day notice while by separate notice abolishing other positions.
Form 1 Award No. 11069
Page 3 Docket No. 10458
2-BN-EW-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ALUUSTMENT BOARD
By Order of Second Division
'000-
05g
Attest:
Nancy J/VFer - Executive Secretary
Dated at Chicago, Illinois, this 19th day of November 1986.