Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12027
SECOND DIVISION Docket No. 11998
91-2-90-2-124
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, Appendix 'E' in
particular the Burlington Northern Railroad Company failed to remove exempt
Electricians E. R. Liebenow and T. L. Lougee from the Rocky Mountain seniority
roster subsequent to these exempt Electricians' refusal to continue to maintain the applicable seniority maintenance fee in accord with the agreement.
2. That accordingly the Burlington Northern Railroad Company should
be instructed to remove the names of exempt Electricians E. R. Liebenow and
T. L. Lougee from the Rocky Mountain District seniority roster.
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.
On January 26, 1981 the parties agreed that exempt individuals who
had been promoted to Supervisory positions prior to that date could retain and
continue to accrue seniority as long as they paid membership dues. Those who
refrained from payment of dues ceased to accumulate seniority; but rather,
they retained seniority only, or progressed one year forward each year thereafter.
Two exempt employees identified in this Claim were so advised, and
they opted to pay membership dues. However, after six (6) years they both
opted to discontinue payment.
Form 1 Award No. 12027 .rrr
Page 2 Docket No. 11998
91-2-90-2-124
The Organization argues that the option to pay (or not to pay) member
ship dues was a "one time" option and once these individuals revoked their
original decisions, they forfeited seniority and Carrier must remove them from
the seniority list.
The Carrier resists this Claim on the ground that there is nothing in
the Agreement that reasonably supports the Organization's conclusion. In
addition, it points out an asserted inconsistency since those who paid dues
for a period of time and then opted to cease payments, would be treated more
harshly than those who never opted to make any payments, regardless of their
relative length of service, since the ones who never paid would concededly
continue to retain.
This Board can find nothing in the Agreement which purports to sus
tain the Organization's position in this case, and we are reluctant to remove
an employee's seniority in the absence of specific language permitting, or
requiring, that action.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
J
Attest:
Nancy J~ e r - Executive Secretary
Dated at Chicago, Illinois, this 13th day of March 1991.