Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11492
SECOND DIVISION Docket No. 11324
88-2-86-2-142
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
1. That the service rights of Carmen William Rowe and Michael Davis
and Carmen Helpers Rick French, James Quick, Basil Spence, Jr., and Terry Bias
and Rule 27 of the Shop Crafts Agreement were violated account said employees
were not given proper notice when furloughed on October 1, 1984.
2. Accordingly, Claimants are entitled to be compensated at pro rata
rate as follows in lieu of the violation: W. A. Rowe, 32 hours; M. R. Davis,
36 hours; R. L. French, 32 hours, J. B. Quick, 40 hours, B. Spence, 32 hours
and T. Bias, 40 hours.
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 employee 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..
Claimants were employed as carmen and carmen helpers by Carrier at
its Peach Creek, West Virginia, facility. On October 1, 1984, Carrier posted
a notice that employee furloughs, including Claimants, were to begin as of
7:00 A.M. on October 8, 1984. Because of later reports of coal mine strikes,
Carrier subsequently invoked the furlough rule's emergency provision, and
Claimants were notified that they were furloughed as of the end of their shift:
that day. The Organization thereafter filed a claim on Claimants' behalf,
asserting that Claimants had not received proper notice of the furlough.
Form 1 Award No. 11492
Page 2 Docket No. 11324 ·_rr~
88-2-86-2-142
This Board has reviewed the evidence in this case, and we find that
the Carrier did not meet its burden, which was to prove that there was an
emergency condition which enabled the Carrier to avoid giving the Claimants
the required five (5) day notice prior to putting them on furlough. Although
there is some evidence of coal mine strikes, there is insufficient evidence to
support the nexus between those strikes and the emergency conditions which the
Carrier contends enables it to avoid the clear requirements of Rule 27(b). In
other words, there is no probative evidence which indicates that the alleged
emergency conditions existed at the time of the Claimants' furlough.
As this Board has stated in several previous Awards, the burden of
proof is on the Carrier to show that the emergency conditions would have
prevented it from complying with the five (5) day notice requirements. (See
Second Division Awards 7327, 10135, and 10730.) This Carrier has not met its
burden, and thus the claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division -
Attest:
AMC
!*Ire
0 ~t~
Nancy J.
A7
9'r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.