NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Don Hamilton, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DULUTH, MISSABE AND IRON RANGE
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it made force
reductions in the Track Department on the Missabe Range Division
and on the Iron Range Division prior to the conclusion of a work week
during the month of November, 1960.
(2) Each employe identified as a claimant in the two (2) letters of claim presentation dated January 3, 1961 now be allowed
eight hours of straight-time pay for each day of furlough which
occurred prior to the conclusion of their respective work weeks in
1960.
EMPLOYES' STATEMENT OF FACTS: The facts involved in the
subject claim are fully outlined in the two (2) letters of claim presentation
which read:
"January 3, 1961
File IR-T-11
Mr. C. W. Rosen, Payroll Accountant
Duluth, Missabe & Iron Range Railway Co.
Wolvin Building
Duluth, Minnesota
Dear Sir:
Claim is presented as follows:
STATEMENT OF CLAIM:
1. The Carrier violated the effective agreement, particularly
Rule 13 (b), when it made force reductions in the Track
Department, Iron Range Division, prior to the conclusion of
the work week during the month of November, 1960;
[5661
13609-11
576
2. The Carrier may abolish positions and reduce forces provided Carrier adheres to the provisions of the Mediation
Agreement dated October 7, 1959 and provides the employes affected with a 96-hour prior notice of force reduction or abolishment of positions.
3. The Carrier has provided sufficient proof that it has abolished positions and reduced forces prior to the end of the
work week (see Exhibit E).
The Carrier respectfully requests that your Honorable Board sustain the
position of the Carrier and deny the claim of the Employes, as it has been
clearly shown in the foregoing that there is no substance to the claim of
the Employee in this docket.
(Exhibits not reproduced.)
OPINION OF BOARD:
A discussion of the issues presented in this
claim is to be found in Award 13016. That case also involved these identical parties. We adopt the decision in the prior case as determinative of
the issues involved in the instant dispute, and affirm the opinion cited therein.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 21st day of May 1965.