Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13993
Docket No. 13877
09-2-NRAB-00002-080027
The Second Division consisted of the regular members and in addition Referee
William R. Miller when award was rendered.
(Brotherhood Railway Carmen Division of TCIU
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT
OF CLAIM:
"1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rule 6.1, when
they failed to give Carman Charles Scribner the required time
when they abolshed his position at Waterville.,
ME.
2. Accordingly, the Springfield Terminal Railway Company be
reqam~ed to compensate Carman Charles Scribner in the amount
of eight (8) hours straight time for Friday, March 30, 2007, six
(6) hours pay at the rate of time and one-half for March 31,
2007, eight (8) hours at the rate of double time for April 1, 2007,
eight (8) hours at the rate of time and one-half for April 2, 2007,
and eight (8) hours at the rate of time and one-half for April 3,
2007. This is the amount he would have earned had the Carrier
not violated 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.
Form 1 Award No. 13993
Page 2 Docket No. 13877
09-2-NRAB-00002-080027
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The facts of the case are that the Carrier issued an abolishment notice at 1:00
P.M., on Wednesday, March 28, 2007 indicating that the Claimant's Position No. C60 at Waterville, Maine, would be abolished at the end of the day on Sunday, April
1, 2007.
The pertinent Rule in dispute Is Rule 6.1 which states:
"The Carrier has the right to abolish any position provided the
employees affected are notified at least 5 working days prior to the
eve date of the abotshment."
(Emu
added)
Although a different Claimant and position are involved, this case is identical
to the claim decided in Second Division Award 13991. The arguments and positions
taken by both parties in the aforementioned Award are the same and, will not be
repeated for the salve of brevity.
Therein the Board thoroughly reviewed the underlying facts and issues
involved in this dispute which address the question of what constitutes a proper five
day abolishment notice. For the same reasons expressed in that Award, the Board
finds and holds that the claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 13993
Page 3 Docket No. 13877
09-2-NRAB-00002-080027
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Gaimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicsga, Illino* this 11th day d February 2009.