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:
"1. That in violation of the governing Agreement
and the practice of long standing, the
Burlington Northern Railroad Company
arbitrarily changed the method of vacation
scheduling for Electricians at the
Springfield, Missouri Diesel Maintenance
Facility.
2. That accordingly, the Burlington Northern
Railroad should be directed to refrain from
changing past practice for vacation
assignments or, as an alternative, it should
be instructed to create Vacation Relief
Assignments."
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
95-2-92-2-182
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:
"4. (a) Vacations may be taken from January 1st to
December 31st and due regard consistent with
requirements of service shall be given to the
desires and preferences of the employees in
seniority order when fixing the dates for
their vacations.
The local committee of each organization
signatory hereto and the representatives of
the Carrier will cooperate in assigning
vacation dates."
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.
The second rule is Section 10 (b) of Appendix C:
"(b) Where work of vacationing employees is
distributed among two or more employees, such
employees will be paid their own respective
rates. However, not more than the equivalent
of twenty-five percent of the work load of a
given vacationing employe can be distributed
among fellow employees without the hiring of a
relief worker unless a larger distribution of
the work load is agreed to by the proper local
union committee or official."
Form 1 Award No. 12877
Page 3 Docket No. 12640
95-2-92-2-182
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:
"More importantly, the Carrier is not forever bound by a
past practice of allowing a certain number of employees
to be on vacation during summer and holiday weeks.
Changes in service needs or fluctuations in the
availability of relief workers justify the Carrier's
deviation from the past practice. NRAB Third Division
Award No. 15838 (Mesigh)."
For all of the above-stated reasons, this claim must be
denied.
AWARD
Claim denied.
O R D E R
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.