NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12536
Docket No. 12436
93-2-91-2-250
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
"1. That the Southern Railroad Company and/or its
Corporate Parent, the Norfolk Southern Corporation,
violated the terms and conditions of the current
Agreement when they posted a bulletin dated August
24, 1990 which abolished all derrick crew jobs at
Sheffield, Alabama.
2. That accordingly, the Southern Railroad Company
and/or its Parent, the Norfolk Southern
Corporation, be ordered to rule this bulletin both
null and void and that the members of the regular
assigned wrecking crew, prior to the posting of
this bulletin, be returned to their regular
assigned jobs as members of the wrecking crew.
These Carmen are J. B. Meadows, Operator; R. S.
Martin, Groundman; G. D. Averill,Groundman; D. L.
McCulloum, Groundman; D. A. Witt, Groundman; J. W.
Gargis, Extra Groundman; J. A. King, Extra
Groundman. (Employees' Exhibit A, page I5)."
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 employe within the
meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction aver
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award No. 12536
Page 2 Docket No. 12436
93-2-91-2-250
There is no dispute that on August 24, 1990, the Carrier
posted a Special Bulletin at Sheffield, Alabama, stating:
"Due to Sheffield, Alabama no longer being a
derrick based terminal, all derrick crew jobs
are abolished effective immediately. The
following people are affected by this
Bulletin ...."
As a result, the Claimants lost their secondary assignment as
members of the Derrick or Wrecking Crew.
The Organization has cited a number of provisions of the rules
agreement which deal with wrecking crews and contain certain
substantive rights accruing to those employees in the event of
wrecks, derailments, etc. It argues that in order for certain
usage to be accomplished, the Carrier must have established crew=
Stated differently, the Claimants insist that:
"...the Carrier has not ceased to have wrecks
or derailments; they have just changed the
method of rerailing the wrecked cars."
The Carrier denies a violation, noting that pertinent rules
permit the Carrier to abolish positions by bulletin, which it did
on August 24, 1990 after derrick cars were retired June 14, 1990
and the derrick was sent to scrap on July 1, 1990.
In rendering our Award in this case, we have limited our
consideration to the precise issue presented to us, i.e. may the
Carrier, under the agreement, eliminate the wrecking crew, when it
has eliminated the various equipment. We have not contemplated any
broader questions of use of outside sources, etc. under
circumstances not now before us.
The parties have submitted a number of Awards for our
consideration, and they have urged that they are pertinent to our
consideration of this dispute. But we feel that two Awards are
dispositive.
The Organization cites Second Division Award 7926, issued on
May 16, 1979. The Award concluded that:
"...the mere removal of the derrick from
Washington, Indiana in the instant case, did
not simultaneously cause the elimination of
the wrecking crew positions."
Form 1 Award No. 12536
Page 3 Docket No. 12436
93-2-91-2-250
That conclusion responded to the Car Department Manager's
alleged statement that "...since there was no wrecking
'outfit' ...there was therefore no assigned wrecking crew." In
short, the bulletined positions had never been abolished.
Second Division Award 11631 is more responsive to the precise
issue presented here. It noted:
"...that Wrecking Crew assignments are subject
to the bulletin and abolishment provisions of
the Parties' Agreement. The Carrier, on the
property, stated that it no longer had a need
for a Wrecking Crew at...
In the view of all of the preceding and
because past Awards have held that the
positions in question are subject to the
normal bulletining and abolishment procedures,
we must deny the claim." (Emphasis supplied)
In fact, Second Division Award 7926, relied upon by the
Organization, specifically stated:
"Abolition of said assignments could have been
accomplished by complying with... National
Agreement."
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. r- Secretary o the Board
Dated at Chicago, Illinois, this 12th day of May 1993.