Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11723
SECOND DIVISION Docket No. 11339
89-2-87-2-9
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, Denver and Rio Grande
Western Railroad Company denied compensation to Laborers 0. Cordero, D.
Jolley, K. Dall and E. Kennet' by invoking an alleged emergency reduction in
forces at the Roper Yard diesel shop in Salt Lake City, Utah on February 18
and 19, 1986.
2. That, accordingly, the Denver and Rio Grande Western Railroad
Company be ordered to compensate these individuals as follows:
0. Cordero - February 18, 1986 - 8 hours at the pro rata rate.
D. Jolly - February 19, 1986 - 8 hours at the pro rata rate.
K. Dall - February 18 & 19, 1986 - 16 hours at the pro rata rate.
E. Kennet' - February 19, 1986 - 8 hours at the pro rata rate.
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.
Claimants are employed at the Roper Yard Diesel Shop by Carrier.
On February 18-19, 1986, Carrier invoked an emergency reduction in forces in
connection with flooding on other, connecting railroads. Because Carrier
claimed that an emergency situation existed, it did not give its employees
five days' notice as called for in the parties Agreement. The Organization
thereafter filed a Claim on Claimants' behalf, challenging the Carrier's
action and seeking compensation for all time lost.
Form 1
Page 2
Award No. 11723
Docket No. 11339
89-2-87-2-9
This Board has reviewed the record in this case, and we find that
there is sufficient evidence in the record to support the Carrier's position
that an emergency situation existed which affected Carrier operations in Utah,
thereby legitimating the furloughs. Consequently, the Claim must be denied.
The record reveals that the flooding that occurred in California disrupted operations across the Carrier's system, including the yards where the
Claimants worked. The flooding incident has also been thoroughly reviewed in
Second Division Award 11506 and Public Law Board 4334 Awards 4 and 7 with the
same conclusion. Although there is a long distance between California and
Utah, the flood in question severely impacted the entire operations of the
Carrier, including those in the Roper Yard Diesel Shop in Salt Lake City, Utah.
Therefore, the Claim must be denied.
A W A R D
Claim denied.
Attest~zeaco,
Nancy
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1989.