The Second Division consisted of the regular members and in addition Referee Robert Richter when award was rendered.
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.
This case was originally submitted to SBA 570. 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June 1, 1993 Letter of Understanding between the Organization and the National Railway Labor Conference the case was withdrawn from SBA 570 and submitted to this Board.
Claimant was employed at the Carrier's Fort Madison facility. In July 1988, Claimant was furloughed and this claim was filed seeking the benefits of the September 25, 1964 Agreement.
The Organization contends the Carrier violated Article I, Section 4 of the Agreement by not giving the 60 day notice of the abolisY.7ent of the claimant's position which it avers 7as as a result -)f changes in operations as set forth in Section 2 of Article I.
The Organization takes the position that the Carrier abandoned its car repair facility at Fort Madison, and as a result the Claimant is entitled to the benefits of the September 25, 1964 Agreement.
A close review of the record does reveal that the Carrier did abandon its car repair facility at Fort Madison. While carmen are still headquartered at that location, their duties are to repair cars on line-of-road. By abandoning the car facility the claimant was adversely affected and as such he is entitled to the benefits of the September 25, 1964 Agreement.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.