NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12536
Docket No. 12436
93-2-91-2-250



(Brotherhood Railway Carmen Division
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Southern Railway Company

STATEMENT OF CLAIM:



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:




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 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:



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:



In fact, Second Division Award 7926, relied upon by the Organization, specifically stated:







                          By Order of Second Division


Attest:
      Nancy J. r- Secretary o the Board


Dated at Chicago, Illinois, this 12th day of May 1993.