NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROD
COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6523) that:
EMPLOYES' STATEMENT OF FACTS: Each of the five employes named in Item 2 of the Statement of Claim is regularly assigned in the General Office, Rates & Divisions, Seattle, Washington, Seniority District 103 from 8:15 A.M. to 5:00 P.M., Monday through Friday, with Saturday and Sunday rest days.
Without any prior notice whatever, each of these employes, upon arrival at work on Monday, July 17, 1967, was handed a copy of a Bulletin, as follows:
Subsequent telephone calls were made to each of the claimants at approximately the following clocktime hours on July 16, 1967:
to notify them of the abolishment of their positions because of the strike by the Shop Craft employes, however, no answers were received by any of the claimants at any time with the exception that at 5:50 P.M. claimant Morrison answered her phone and was accordingly notified of the abolishment of her position.
As a result of the Carrier being unsuccessful on six (6) separate occasions during a three and one-half (3 1/2) hour span commencing at 2:30 P.M. on July 16, 1967 to contact each of the claimants to notify them of the abolishment of their positions (with the exception of claimant Morrison) each of the claimants (except for claimant Morrison) reported for duty on July 17, 1967 at which time they were given a copy of a written notice abolishing their respective positions effective at the starting times thereof on July 17, 1967.
None of the claimants performed service for the Carrier on July 17, 1967 and none of them received compensation from the Carrier for that date.
Letter written by Mr. Amour to Mr. Hopper under date of March 18, 1968 . .. .. .. .. .. . .. ... . Carrier's Exhibit "B"
OPINION OF BOARD: Four Claimants in this case occupied positions with assigned hours of 8:15 A.M. to 5:00 P.M. Monday through Friday with Saturday and Sunday rest days. One Claimant works from 8:30 A.M. to 5:15 P.M. Monday through Friday with Saturday and Sunday rest days.
Due to a strike by the Shop Craft employes, Carrier abolished all positions held by Claimants under the provisions of Rule 12(a) of the Agreement. This rule specifies that 16 hour advance notice must be given to those employes to affected. Carrier alleges a compliance with this provision by stating categorically that beginning at 2:30 P.M. Sunday, July 16, 1967, attempts were made by telephone to advise the employes of the abolishment of their positions, all to no avail. Several other attempts were made with the same results exclusive of Claimant Morrison who did receive notice by telephone at 5:50 P.M. on July 16.
The bulletins abolishing these positions were not dated until July 17th, the date of the actual abolishments. Since we neither have constructive notice, that is by posting of bulletins 16 hours in advance, nor direct notice, that is by telephone, mail, etc., we find Carrier to be in violation of the Agreement and will sustain the claims as submitted with respect to all four Claimants excluding Claimant Morrison. Since she was notified at 5:50 P.M.