The Second Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.
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.
As a result of Hurricane Floyd on September 15,1999, the Carrier abolished all positions at Hialeah, Florida. Thereafter, contacts were made to employees by the Form 1 Award No. 13693
Carrier, in part, in an effort to establish skeleton crews to evacuate customers. Claims followed.
Clearly, because of Hurricane Floyd, an emergency existed thereby allowing the Carrier flexibility with respect to seniority requirements in the relevant Rules. Further, the record indicates that employees were compensated for varied claim dates - whether they worked or not - thereby making that aspect of the claims moot for those compensated employees. Without more, the claims shall be denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) not be made.