Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12418
SECOND DIVISION Docket No. 12342
92-2-91-2-135
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Richmond, Fredericksburg and Potomac Railroad Company
STATEMENT OF CLAIM:
I. That the Richmond, Fredericksburg & Potomac Railroad Company
(hereinafter 'carrier') violated the provisions of Rule 24 of the Shop crafts
Agreement between Transportation Communications International Union - Carmen's
Division and the Richmond, Fredericksburg & Potomac Railroad Company and the
service rights of Carmen R. E. Black, M. D. Bailey, J. R. O'Brien, R. Wilson,
L. A. Garret, E. C. Brunson, R. C. Moran, A. E. Brookman, A. Quash, S. L.
Blackburn, L. A. Bou and J. A. Riveria (hereinafter "claimants") when the
carrier failed to give the claimants a proper five (5) working days notice
prior to the reduction in force:.
2. Accordingly, the claimants are entitled to be compensated for
eight (8) hours each at the applicable rate for the carrier's failure to give
the claimants a proper five (5) working days notice prior to the reduction in
force and subsequent violation of Rule 24 of the Shop Crafts Agreement.
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 May 21, 1990, the Local Chairman of the Organization filed a claim
on grounds that Rule 24 of the operant Agreement was violated when the Carrier
posted holiday notices for twelve Carmen for Good Friday holiday, April 9,
1990. The claim was denied on the property, and then appealed up to and including the highest Carrier Officer designated to hear such, in accordance
with the normal manner of hand7_ing claims, prior to the docketing of this case
before the Board.
Form 1 Award No. 12418
Page 2 Docket No. 12342
92-2-91-2-135
The Rule at bar reads, in pertinent part, as follows:
"Rule 24
If the force is reduced, not less than five (5)
working days' advance notice will be given the men
affected before reduction is made, and lists will be
furnished the local committee
...."
The consistent position of the Carrier throughout the handling of this claim
has been that the Rule cited above is not applicable to the facts of this
case, but that the Carrier's actions were protected by the holiday Agreement
which "...takes precedence and provides for those who will work or will not
work (on) holidays." According to the Carrier, there was no force reduction.
On April 9, 1990, there were simply holiday assignments. The Carrier admits
that there have been instances, in the past, when notices were given prior to
holiday assignments, but intimation is that such were merely a matter of
courtesy. When Good Friday holiday notices had been given in 1983 and 1984,
such had been issued in less than five days before the holiday. Further,
earlier claims on the instant issue had been filed by this Organization as
early as 1971, according to the: Carrier, but had never been appealed upon
denial. Likewise, claims had been filed by the Machinists also on this issue,
but had not been pursued when denied by the Carrier.
Argument by the Organization, on basis of Rule 33, that non appeal of
denial of an earlier claim comparable to the instant one does not set precedent cannot be properly evaluated by the Board since it is unknown, from the
record, whether such claim was forfeited on basis of a time-limit violation or
not. The Organization is correct that precedent set by another Organization
and its dealings with the Carr7,.er is not necessarily binding on the Carmen
albeit if the Rules at bar are substantively the same the Board would look to
consistency of practice and application of such. Clearly on basis of arbitral
precedent in this industry, however, holiday assignments are not normally
construed as reductions in force if there is a specific set of contractual
provisions dealing with holidays. In this case there were no furloughs involved, as that term is genera. Lly used; there was no application of seniority
provisions of the Agreement; and no bumping rights were exercised by any of
the Carmen. In effect, there was no reduction of force. Attempts by the
Organization to apply Rule 24 to the assignments posted by the Carrier on the
Good Friday holiday in 1990 are improper. The Agreement was not violated.
A W A R D
Claim denied.
Form 1
Page 3
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z I - 4
0~
Attest:
Nancy J. ~ - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of September 1992.
Award No. 12418
Docket No. 12342
92-2-91-2-135
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division