Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12909
Docket No. 12774
95-2-93-2-138
The Second Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
(International Brotherhood of Fireman
( and Oilers
PARTIES TO DISPUTE:
(Chicago and Northwestern Transportation
( Company
STATEMENT OF CLAIM:
"Mr. R. Mostek, Laborer, Green Bay, Wisconsin,
transferred to Escanaba as a result of the aforementioned
transfer of work. This occured on January 12, 1987 (see
enclosed bulletin). Mr. Mostek continued working at
Escanaba until his job was abolished on July 28, 1989
(copy enclosed). Due to point seniority (Rule 23 of the
current Agreement), Mr. Mostek could not excercise his
seniority to obtain another position. The abolishment of
his position was a result of the Carrier's Transfer of
work from Escanaba to Proviso, Illinois.
Because Mr. Mostek was deprived of employment as a result
of this transfer of work, please consider this as a
claim, in his behalf, for all the protective benefits of
the September 25, 1964 Agreement, specifically Article 1,
Section 6, effective July 28, 1989 and continuing thru
January 12, 1992."
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. 12909
Page 2 Docket No. 12774
95-2-93-2-138
This case was originally docketed with SBA 5'0. However, in
accordance with the June 1, 1993 Letter of Understanding between
the Organization and the National Railway Labor Conference the case
was withdrawn from SBA 570 and was submitted to this Board.
As a result of the transfer of work from Green Bay, Wisconsin,
to Escanaba, Michigan, Claimant transferred to Escanaba on January
12, 1987. He was afforded the benefits of the September 25, 1964
Agreement.
On April 24, 1989 the Carrier notified the Organization that
it intended to transfer locomotive work from Escanaba to Proviso,
Illinois. On February 8, 1990, an agreement was reached with the
Organization to establish two Laborer positions at Proviso. The
employees at Escanaba were given the oppurtunity to transfer to
Proviso. On July 28, 1989 Claimant's position at Escanaba was
abolished and he was furloughed.
This claim was filed for benefits of Article 1, Section 6 of
the September 25, 1964 as a result of the Claimant's transfer from
Green Bay to Escanaba. A seperate claim was filed for similar
benefits as a result of the transfer of work from Escanaba to
Proviso. That claim is not before this Board.
It is clear from the record, and both parties agree, that the
July 28, 1989 furlough was a result of the transfer of work from
Escanaba to Proviso. The record is void of any evidence that the
Claimant was drawing any benefits from the initial transfer of work
from Green Bay to Escanaba.
We find no causal nexus between the Claimant's furlough in
July 1989 and the transfer of work from Green Bay to Escanaba.
Therefore, the benefits of Article I of the September 25, 1965
Agreement do not apply as a result of the first transfer of work.
The Agreement was not violated.
AWARD
Claim denied.
Form 1 Award No. 12909
Page 3 Docket No. 12774
95-2-93-2-138
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant not be
made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of August 1995.