Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12877
Docket No. 12640
95-2-92-2-182

The Second Division consisted of the regular members and in addition Referee Charlotte Gold when award was rendered.

(International Brotherhood of Electrical ( Workers PARTIES TO DISPUTE: (Burlington Northern Railroad

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 employee or employees involved in this dispute are respectively carrier and employee 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.
Form 1 Award No. 12877
Page 2 Docket No. 12640
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In January 1991, the Locomotive Shop Superintendent at the Springfield, Missouri, Mechanical Facility notified the Organization that there would be a change in vacation scheduling. Previously, on the first shift, two Electricians from the Diesel Shop (Ramp) and one Electrician from the service track area (Pit) had been allowed to schedule vacations at the same time, if they so desired. Henceforth, no more than a total of two electricians from both areas on the first shift could take vacations simultaneously. In addition, Carrier reduced a two-day overlap in vacation scheduling to one day.


The Organization cites two rules that it believes have been violated. The first is Appendix C, Section 4(a), of the Schedule Agreement:




The Organization alleges a lack of cooperation. It appears from the record that while the new procedure was ultimately imposed by Carrier, discussions were held with the Organization about it. The fac= that the parties were not able to reach a settlement does not necessarily indicate a lack of cooperation. It may rather reflect an honest disagreement.




Form 1 Award No. 12877
Page 3 Docket No. 12640
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This Board finds no evidence in the record that this rule has been violated. Should the Company fail to pay the appropriate rate or hire a relief worker under the conditions noted, that would be the point at which this rule would come into play. As of the filing of this claim, however, there appears to have been no infraction. Additionally, the Organization has not identified any specific Claimant harmed by the change. There is no indication, for example, that seniority rights have not been respected.


Given no specific contractual support for this claim, the Organization must rely on a change of a past practice. While Carrier argues at one point that the Organization has failed to justify such a practice, it appears to acknowledge elsewhere in its submission its existence over the years.


Under the circumstances, the only question becomes whether Carrier had a bona fide service-related need to alter the vacation scheduling procedure. This Board is convinced from the Shop Superintendent's explanation of February 5, 1991, that it did.


As noted in Award No. 164, Special Board of Adjustment, Appendix K:



For all of the above-stated reasons, this claim must be denied.








This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.

Form 1 Award No. 12877
Page 4 Docket No. 12640
95-2-92-2-182
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division

Dated at Chicago, Illinois, this 17th day of April 1995.