Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11461
SECOND DIVISION Docket No. 11190
88-2-86-2-36
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM:
1. That the Belt Railway Company of Chicago violated the terms and
conditions of the current Agreement specifically the time limits provisions of
Rule 20, which is taken from Article V of the August 21, 1954 National Agreement, when Mr. J. D. Mowery Superintendent Car Department, failed to respond
to a time claim submitted by Local Chairman B. Dearth by letter dated March
29, 1983.
2. Further, that the Belt Railway Comany of Chicago reneged on a
written Agreement dated December 16, 1983 signed by Mr. Woodrow M. Cunningham,
Director of Labor Relations and Personnel, which clearly states that both
partied would be bound by the referee's interpretaton to Second Division Award
No. 9362 when the Carrier refused to honor their commitment after said interpretation was made by Referee Goldstein.
3. That the Belt Railway Company of Chicago violated Rules 16, 21,
two Memorandums of Agreement dated September 8, 1950 and an Agreement dated
June 4, 1953 when on December 19, 1982 Cayman M. Sage was furloughed out of
seniority order and a junior Carmen (sic) was allowed to continue to work as a
Cayman for all of the time Cayman Sage was in a furloughed status, and thereby
causing Cayman Sage the loss of Cayman's wages from December 19, 1982 until
recalled on May 17, 1983.
4. That the Belt Railway Company of Chicago be ordered to compensate
Cayman Sage for each day he was furloughed from December 19, 1982 until his
recall on May 17, 1983.
5. That because of the Belt Railway Company of Chicago's reneging on
this agreement to satisfy this claim when a favorable interpretaton was received from Referee Goldstein on Second Division Award No. 9362, they be ordered to additionally compensate Cayman Sage fifteen (15) percent interest on all
reparations due from the date of Referee Goldstein's Interpretation to Award
No. 9362, which was May 22, 1985 until Cayman Sage receives his just renumeration.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
w
Form 1 Award No. 11461
Page 2 Docket No. 11190
88-2-86-2-36
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 were given due notice of hearing thereon.
Claimant began employment with the Carrier on September 16, 1978 as a
Carman-Helper. On October 9, 1978, he was upgraded to the position of Temporary Carman.
By agreement of the parties, a Carman Helper must work as a Temporary
Carman for 950 days in not less the four years in order to be promoted to the
position of Journeyman Carman. On April 6, 1980, however, Claimant and five
other employees were demoted to the Carman Helper position. A claim was
filed, the Organization contending that the demotions were merely disciplinary
action in disguise, so labeled in order to evade the procedural requirements
for discipline under the labor contract. The Board agreed in Second Division
Award 9362 and ordered reinstatement "according to their seniority" and
compensation for any lost wages.
Carrier adjusted each Claimants' pay, but refused to credit the
period during which they had been demoted toward the 950 days needed for full
Carman Mechanic status. Thus, when furloughs were made, the failure to credit
those days also meant that these five were furloughed earlier than they would
have been without the improper demotion.
The Organization sought an Interpretation of Second Division Award
9362, asking whether the relief intended in that Award included restoration of
seniority, and specifically whether the time spent improperly demoted should
be counted as time working as Carmen Mechanics. The Board agreed that it
should.
The Carrier responded by crediting the five men with days worked as
Carmen Mechanics for all the days worked as Carmen Helpers during the demotion. However, it refused to make an adjustment for the time lost during the
furloughs. Thus, while Claimant has now apparently qualified as a Carman
Mechanic, the issue presently before the Board for consideration relates to
his beginning seniority date in that classification and his place on the
seniority roster.
The above-captioned docket was heard on February 20, 1987. On April
2, 1987, the United States District Court, for the Northern District of
Illinois, Eastern Division (Case Number 86 C 1465), granted the Organization's
motion for summary judgment, ordering the Carrier to credit the five Claimants
all days of work as Carmen Mechanic of which they were deprived as a result of
their demotion on April 2, 1980, including time spent on furlough which would
not have occurred if Claimants had worked as Carmen Mechanics during the demotion period, for purposes of their seniority as Carmen Mechanics.
Form 1 Award No. 11461
Page 3 Docket No. 11190
88-2-86-2-36
We find the foregoing order dispositive. Carrier has been ordered to
make the seniority adjustment sought by the Claimant. As the Court indicated;,
Claimant is entitled to be made whole "for the effects of the improper demotion on .., seniority as well as
...
pay." Accordingly, this Board now finds
that Claimant shall be awarded whatever loss of compensation he suffered as a
result of the improper furlough. The Organization's request for interest on
the claim is denied, however.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J./Wer - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1988.