(b) Except as provided in Paragraph (g) of this rule, five working days' notice will be given the men affected before reduction is made, and lists will be furnished the local committee.

UNDERSTANDING--(Revised July 16, 1982.)

(3) The company has already issued instructions which will result, we hope, in giving the full five working day notice to employes who will be affected by a suspension, from now on, which is a change from past practice; but there may be times, at certain places, when the company may not be able to post its notice so it can be seen by the men before work time of the first of the five days, and it may so happen that it will be lunch time before the notice is posted; and in that case, the company would expect to count that day as one of the five working days notice. In such a case,

"...would be shut down except for the force indicated at the end of assigned shift Wednesday, November 25, 1987, through January 3, 1988, and that those employees affected would be governed by Rule 60 1/2 of the Shop Crafts Agreement, and all employees would report to their regularly assigned position at 7:00 A.M., Monday, January 4, 1988, unless notified in writing. This was attached to all Bulletin Boards with a copy to all Local Chairmen.

Additionally, it is noted that the carmen working first shift in the Valve Room were specified by name and identification number, copy attached."

PLANT MANAGER'S BULLETIN #13

B&B Foreman - 1

B&B Mechanic . - 2

Blacksmith - 8

Carman - 58

Electric Crane Opr. - 1

Electrician - 21

23 36

3 11

8 8 13

In reference to the above employees who will be working, attached is a position listing of those positions which will be working. This list also indicates the incumbent on the position. All other positions will be abolished effective end of shift Wednesday, November 25, 1987.

If the position which an employee is-working does not appear on the attached list then that position is abolished and the incumbent may exercise his rights under the applicable agreement rule, Rule 60 1/2 for Shop Crafts and Rule 13 for Firemen and Oilers.

All employees, by this notice, are recalled and will report to their regularly assigned position beginning effective 7:00 A.M., Monday, January 4, 1988, unless notified in writing.

2101202 2197920 2101312 2101445 2101234

****As of November 25, 1987, second shift, Valve Room, will not be working during the shut down from 11/25 through 1/3."

The consistent position of the Organization in this case is, as the General Chairman states in his April 3, 1989 correspondence to the Carrier, that both the Local Chairman, and the employees working the Triple Valve Room, "...maintain, (however), that the alleged notice was never posted ...." The Carrier responds, by the Director of Labor Relations' correspondence to the General Chairman under date of March 26, 1990, as follows:

". . . (This) bulletin was addressed to 'All Employees', and advised more than 750 employees in all departments of the Raceland Car Shops, including the Tripe Value Room where Claimants worked along with some 30 other carmen, of: jobs being abolished as a result of the shutdown and of the number of employees in each craft which would be required to word: during the shutdown. The bulletin even named the employees who would be required to work during the shutdown.

* *

The Carrier asserts that the bulletin was posted. Eleven of more than 40 carmen in the Triple Valve Room contend it was not. Stated another way, 11 of more than 750 employees in Raceland Car Shops contend it was not.

A review of the complete record on this case does not contain sufficient probative evidence to support either the Carrier's or the Organization's position. When such irreconcilable differences occur, "...such claims have traditionally been dismissed by this Board" (See Third Division Award 26428: also Third Division Awards 19702, 20053, 23834, 26679 and Fourth Division Award 3201). Given the record before it the Board can see no reason to diverge from such precedent in the instant case.

A W A R D