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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11757
SECOND DIVISION Docket No. 11487
89-2-87-2-124
The Second Division consisted of the regular members and in
addition Referee Thomas F. Carey when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That on June 13, 1986 the Carrier violated the current Agreement
between the OUR&D Company, the Southern Pacific Company (Pacific Lines), the
Union Pacific Railroad Company and their employees represented by System Federations 105 and 114 signed January 29, 1968 and letter of Agreement of the same
date signed by C. A. Ball, Manager of Personnel, Southern Pacific Company.
2. That Claimants L. D. Curtis, M. Maggio, L. D. Larson and G. A.
Wilson are covered employees under said Agreement and should have been retained in service as provided by the Agreement.
3. That Claimants be compensated by the Carrier for 8 hours pay each
at the Sheet Metal Workers straight time rate for each and every work day of
their positions beginning June 14, 1986 until August 23, 1986, when Claimants
were returned to service, including any and all increases in pay provided by
agreement provisions, for all holiday pay, personal leave days pay, jury duty
pay, vacation pay, pay for all medical and dental expenses incurred by Claimants and their dependents, pay for life insurance benefits, that Claimants be
made whole for all retirement benefits and for all other contractual benefits
accruing to them.
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 were given due notice of hearing thereon.
The Claimants are employed by the Carrier at its Ogden, Utah,
Locomotive Maintenance Plant. The facility at Ogden is at the end of the
Carrier's Overland Route, and the principal interchange point with the Union
Pacific and the Denver and Rio Grande Western Railroads. The Overland Route
Form 1 Award No. 11757
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provides access to the Utah gateway and to connections with the aforementioned
railroads via a causeway across the Great Salt Lake.
Rising water levels in the Lake had recently necessitated the Carrier's expenditure of over $60 million to raise the causeway's earthen fill
which provided a foundation for the tracks. Despite these efforts, however,
serious storms continued to cause extensive damage that required days of repair work in order to restore normal operations. On June 7, 1986, wave action
caused by 60-mile-per-hour winds damaged 11 1/2 miles of the 27-mile-long
causeway, and necessitated the closure of the Carrier's mainline between
Ogden, Utah, and Alazon, Nevada. As a result, all the Carrier's trains had to
be detoured over Union Pacific tracks between Salt Lake City and Alazon until
August 24, 1986.
When the determination was made that the causeway would have to be
closed for at least two months for repairs, the Carrier announced on June 13,
1986, that it would have to furlough 30 clerks and 91 shopcraft employees
(including the Claimants) under the emergency force reduction provisions of
the controlling Agreements. On August 24, 1986, in anticipation of a partial
reopening of the causeway, the Claimants were recalled.
It is the position of the Organization that the Carrier unjustly removed the Claimants from service, since it failed to prove that its operations
were suspended in whole or in part at the Ogden Locomotive Maintenance Plant,
itself. The Carrier, however, points out that its mainline was completely out _
of service, and, as a result, all traffic had to be routed over a competing
carrier. This bypassing of the Ogden facility had the effect of causing all
regular work at the Ogden Plant to evaporate. It, therefore, was forced to
furlough the Claimants, and did so, under the provisions of Article VI of the
August 21, 1954 Agreement, as amended, and pursuant to Section 8 of the OUR&D
Agreement. The Carrier also maintains that since Claimant Wilson resigned
from the Carrier's service subsequent to the date of the filing of the instant
Claim, he is no longer a proper Claimant in the case.
Article VI of the controlling Agreement reads, in pertinent part:
"Rules, agreements or practices, however established,
that require advance notice to employees before temporarily abolishing positions or making temporary
force reductions are hereby modified to eliminate any
requirement for such notices under emergency conditions, such as flood, snow storm, hurricane, tornado,
earthquake, fire or labor dispute other than as covered
by paragraph (b) below, provided that such conditions
result in suspension of a carrier's operations in whole
or in part."
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Further, Section 8 of the OUR&D Agreement states:
"This agreement does not preclude abolishment of posi
tions on 16-hour notice under emergency conditions as
provided for in Article VI of Agreement of August 21,
1954."
In the instant case, the Carrier has submitted evidence that attests
to the fact that its mainline between Ogden, Utah, and Alazon, Nevada was out
of service during the period of June 7, 1986, and August 24, 1986, due to dam
age sustained to a causeway from flooding and hurricane-force winds. During
that time, according to the Carrier, all work at its Ogden Locomotive Main
tenance Facility evaporated due to the rerouting of the trains. Conversely,
the Organization maintains that. the Locomotive Facility, itself, was not
affected by the natural disaster and that the Claimants should not have been
furloughed. However, it presented no evidence to demonstrate that there had
been work for the Claimants to perform during the period of the emergency and
that they, therefore, should have been kept in service.
In similar Third Division Awards, the Board held:
"We are thus left with vague and indefinite conclusionary statements; without direct
evidence to consider in reaching a determination
of this dispute. Nowhere in the handling of this
claim was there any probative data furnished showing how claimant was affected, what duties were
performed improperly or what specific, particular
assignment of work allegedly violated the rules
cited by the Petitioner." (Third Division Award
21725)
"The awards emanating from this Board establishing the principle that claims must be specific
and that Carrier is under no obligation to develop
the claim for the petitioner are too numerous to
mention. Suffice .Lt to say that the principle is
well established and not subect to dispute. The
burden is on Petitioner to present facts sufficiently
specific to constitute a valid claim." (Third Division
Award 11675)
It is the opinion of this Board that, in the instant case, the
Organization has failed to present factual data sufficient to support its
allegations. Accordingly, the Claim is denied.
A W A R D
Claim denied.
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ~er - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of August 1989.