Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11970
SECOND DIVISION Docket No. 11693
90-2-88-2-192
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
That this Organization received formal ninety (90) day notice of
transfer of work and force changes, dated December 13, 1985, under the provisions of Article I, Section 4 of Agreement dated September 25, 1964 which
would result in a change in operations involving the transfer of certain
locomotive maintenance, repair and inspection work then being handled at
Houston, Texas-Settegast Shop to Fort Worth, Texas with conference to be held
with the Union Pacific Railroad Company, hereafter referred to as the Carrier,
January 30, 1986 at St. Louis, Missouri.
Subsequently, as a result of conference held date of March 11, 1986,
at North Little Rock, Arkansas, it was the position of the Sheet Metal Workers' International Association that sufficient work would remain at Houston,
Texas to justify retention of Sheet Metal Workers to perform work contractually assigned to their craft as set forth in letter dated March 12, 1986 and
signed by General Chairman Paul Davidson. As a result, an agreement was
reached by letter dated March 27, 1986 to retain a Sheet Metal Worker position, on a temporary basis for the purposes of a joint time check and that the
employee assigned, to temporary position, to be considered for benefits he
would normally have received when jobs were abolished March 28, 1985. This
resulted in the recall of furloughed Sheet Metal Worker Kerry Drake, hereafter
referred to as claimant, by letter dated April 24, 1986. Date of joint check
was agreed upon by letters dated April 28, May 13 & May 15, 1986 with joint
check to commence May 27, 1986. On June 4, 1986 Carrier bulletin No. 2-86 was
posted discontinuing Sheet Metal Worker Position 1, which was at that time,
held by claimant and resulted in his furlough from the Carrier's service.
Consequently, claim was filed in claimant's behalf dated July 1, 1986
with statement by General Chairman Paul Davidson concerning the joint check
attached.
RELIEF REQUESTED:
That the Union Pacific Railroad Company be required to provide the
claimant, Kerry Drake, the protective benefits of the controlling agreements
that are applicable as set forth in claim dated July 1, 1986, change in the
Carrier's operation.
Form 1 Award No. 11970
Page 2 Docket No. 11693
90-2-88-2-192
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 basic facts in this case are set forth as follows: Following
Carrier's action to transfer certain locomotive maintenance, repair and inspection work from Houston to Ft. Worth, Texas, which involved the abolishment
of nine (9) Sheet Metal Workers positions at the Houston, Texas, Settegast
Shop, the parties agreed to conduct a joint check of operations at the Houston
situs to determine whether there was sufficient remaining work to justify
retention of-Sheet Metal Worker(s). The joint check was conducted on May 27,
28, and 29, 1986, and pivoted around the work activities performed by Claimant
who was recalled from furloughed status. Later by letter dated July 1, 1986,
and which served as a claim notice, the Organization apprised Carrier that it
was displeased with the way Carrier conducted the joint check, specifically
charging that Carrier's demeanor was unreflective of a fair and impartial
check. It submitted a single spaced four (4) part statement, wherein it detailed its version of what actually occurred during the three (3) day check.
This version, at least from the Organization's perspective, justified retention of a Sheet Metal Worker at Houston.
By letter dated August 28, 1986, Carrier disputed the contentions,
responsively asserting that the actual amount of time expended in sheet metal
work on the joint check days was 17.4 percent of the total time worked by
Claimant. Consequently, it maintained there was not sufficient work at the
Houston situs to justify employing a Sheet Metal Worker. It also submitted a
detailed single spaced three (3) page statement setting forth its version of
the joint check.
In considering this case, the Board must concur with Carrier's position. Based on our careful painstaking analysis of the parties detailed versions of what actually occurred on the joint check days, we cannot conclude
that sufficient Sheet Metal Workers work remained at the Houston situs. There
are several conflicting observations that relate to incidental work questions
and factual differences regarding the substance of work performed and the
duration of performance. On its face, and by itself, the Organization's statement appears defensible, but Carrier's version is also persuasive. In the
absence of compelling proof, we have no plausible basis for sustaining the
Claim.
Form 1 Award No. 11970
Page 3 Docket No. 11693
90-2-88-2-192
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy Jl/D~r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1990.