Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12905
Docket No. 12742
95-2-93-2-131
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(International Association of Machinists
( and Aerospace Workers
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"That the Illinois Central Railroad, hereinafter
referred to as Carrier or Company, has violated the
controlling agreement dated September 25, 1964, as
subsequently amended, Article I, Employee Protection,
because Machinists V. A. Cheek and Willie Jones have not
been afforded the Employee Protective Benefits of
Article I of the September 25, 1964, Agreement as a
result of their being adversely affected when they were
furloughed at the end of their respective shifts on May
29 and 30, 1990, as a result of the Carrier's change of
operations (transfer of work) from its Baton Rouge,
Louisiana, Shops to Geismar, Louisiana, and other
locations for which no notice was given the Employees as
is required by Article I, Section 4 of the September 25,
1964 Agreement.
That each of the claimants, machinists V. A. Cheek
and Willie Jones, be afforded the employee protective
benefits provided by Article I of the September 25, 1964
Agreement, beginning on the effective date they were
furloughed and continuing thereafter in accord with the
terms of the Agreement."
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.
Forth 1 Award No. 12905
Page 2 Docket No. 12742
95-2-93-2-131
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute were given due notice of hearing
thereon.
In and around April 1990, the Carrier discontinued a train
which terminated at Baton Rouge and established a train running
through Baton Rouge to Geismar. At the same time, several road
switchers were abolished, some operating out of Geismar and some
out of Baton Rouge.
The Organization described these changes as follows:
"The changes in the Carriers' operations at Baton
Rouge resulted in approximately 150 less diesel
locomotives being inspected, serviced, maintained and
repaired each month by the 6 machinists at that location.
Obviously, such a transfer of work adversely affected
those machinists because it represented approximately 60°s
of the work performed by the machinists at that
location."
The Carrier established a Machinist position at Geismar by
bulletin dated May 10, 1990, but abolished it shortly thereafter on
May 24, 1990.
On May 29-30, 1990, the two Claimants, Machinists at Baton
Rouge, were furloughed when the Machinist force at Baton Rouge was
reduced from six to four employees. Thereafter, this claim was
initiated on their behalf to seek coverage under the September 25,
1964 Agreement as to the specified 60-day notice and protective
benefits, based on the application of Section 2 involving,transfer
of work" and "consolidation of services."
The Carrier contends that the reduction of train services did
not constitute a substantive "transfer" of work, as evidenced by
the fact that no Machinists are employed at Geismar.
The Board concludes that there is no showing that the furlough
of the two Claimants was caused by transferring their work to
another location. The force reduction was the more likely
consequence of the reduced number of trains.
Form 1 Award No. 12905
Page 3 Docket No. 12742
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The claim, however, takes an additional approach. This is the
contention that Machinist work is being performed by other crafts
at Geismar. While this is an allegation which the Organization is
at liberty to pursue separately and with specific proof, it is not
appropriate within the claim here under review, which centers on
protective benefits rather than assignment of work to appropriate
crafts.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of August 1995.