Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13067
Docket No. 12856
96-2-93-2-234
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(International Brotherhood of Electrical
( Workers, System Council No. 2
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"1. That the Union Pacific Railroad Company
violated Article I, Sections
1,
2, 3, 4, and 5, of the
September 25, 1964, Agreement when it failed to afford
protective benefits to Equipment Installers W. H. Hill,
D. J. Woolsey, M.J. Cox and W.A. Zona who were deprived
and/or placed in a worse position as a result of a change
in operation for any of the reasons set forth in Section
2 of the controlling agreement and as a result of changes
in the operations of the Carrier due to the causes listed
in Section 2, namely, (A) Transfer of work, (B)
Abandonment of facilities or services or portions
thereof, (E) Voluntary or involuntary discontinuance of
contracts; and (F) Technological Changes and further
failed to give at least sixty (60) days notice (ninety
(90) days in cases that will require a change of
employes' residence) as required by said Agreement;
2. That accordingly the union Pacific Railroad
Company be ordered to afford Equipment Installers W.A.
Hill, D.J. Woolsey, M.J. Cox and W.A. Zona, in Article I,
sections 5, 6 and 7(a) of the mediation agreement, per
schedule of the Washington Job Protection 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.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Form 1 Award No. 13067
Page 2 Docket No. 12856
96-2-93-2-234
Parties to said dispute were given due notice of hearing
thereon.
The record shows that, at the Carrier's initiative, attempts
were made through extensive correspondence to seek means to
alleviate the consequences of the reduction and/or elimination of
positions of Equipment Installer. This exchange commenced on
February 25, 1992 and continued until at least January 13, 1993,
apparently without success.
During this period, on May 15, 1992, the Carrier abolished
four Equipment installer positions at four separate locations. As
a result, the Organization initiated this Claim seeking protective
benefits under the September 15, 1964 Agreement. As required, the
Organization cited portions of Article I, Section 2, claiming these
to be "changes in
...
operations." These portions were transfer of
work, abandonment of services, discontinuance of contracts, and
technological changes. The Carrier in response stated that its
action simply reduced the number of certain Equipment Installer
positions while assigning any remaining work to other Equipment
Installers.
The Board's difficulty with the Organization's section 2
contentions is that the Organization has failed to demonstrate with
convincing information that the abolishment of the four positions
was caused by any of the alleged operational changes. Without such
support, it is well established that there is no burden of proof
required from the Carrier under Section 3 of the 1964 Agreement.
The failed attempts to reach accommodation as to Equipment
Installers in general does not affect the contractual status of the
abolishment of four positions here under review. Whatever else may
be involved here, it does not include application of protective
benefits under the 1964 Agreement; this is the sole issue raised in
the Statement of Claim.
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.
Form 1 Award No. 13067
Page 3 Docket No. 12856
96-2-93-2-234
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, =llinois, This 9th day of December 1996.