NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20187
Frederick R. Blackwell, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
( (former Virginian)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it furloughed
Carpenters C. C. Shrader and H. D. Farmer on October 22, 1971 and
retained junior employes in service (System
File MW-PR-71
-1).
(2) Carpenters C. C. Shrader and H. C. Farmer be restored
to their former positions and that they be compensated for all wage
loss suffered because of the violation referred to in Part (1) hereof.
OPINION OF BOARD: On October 22, 1971, the Carrier reduced forces on
Carpenter Gangs No. 5 and No. 7, New River Division,
formerly the Virginia Railway Company. Before the reduction, Gang No.
5 consisted of a foreman, six first-class carpenters, and one secondclass carpenter. Gang No. 7 cons
carpenters, and two second-class carpenters. The reduction in Gang No.
5 was effected by the lay-off of the two junior first-class carpenters,
including Claimant Farmer, and the second-class carpenter; the Gang No.
7 reduction was effected by the lay-off of the two second-class carpenters, including Claimant Shrad
the reduction was to cut off junior men within a class, rather than
junior men within the respective gangs and, as a result, employees
junior to Claimants Farmer and Shrader within the gangs were retained
after the reduction. The Employes contend that Carrier's reduction by
class, and not by overall seniority within the respective gangs, was
in violation of Rule 5(c) which reads as follows:
"(c) 'when reducing forces, seniority shall govern,
first laying off junior employes in the gang or at
the point where reduction is to be made, except that
employes affected by force reductions desiring to
exercise seniority on positions on which they cannot
at the time qualify, will be given an opportunity to
qualify on their own time and at their own expense.
Qualification hereunder must be made within the ten
(10) days provided for exercising seniority."
(emphasis added)
Award Number 20219 page 2
Docket Number MW-20187
The foregoing text makes no reference to classes in its
description of how a force reduction shall be effected. It simply
and unambiguously speaks of "laying off junior employes in the gang".
This language, as applied to the instant facts, can only mean that
Carrier was required to make the reductions in the two gangs in the
reverse order of overall seniority with the company without regard
to classification. However, the Carrier says that, by following
overall seniority, there could be the absurd result of a gang consisting of only second-class carpen
a foreman. The Carrier says further that adherence to overall
seniority will destroy the agreed upon separate classifications of
first and second-class carpenters.
The Carrier's argument is possibly correct, conceptually.
However, if overall seniority had been used in the instant facts,
the gangs would have included first-class carpenters and, thus, we
are not presented here with an absurd result. More important,
though, this Board's function is not to pass judgment on the soundness of the parties' agreement and
results; we are limited to the interpretation and application of
agreement language when issues thereon have been drawn. The Rule 5
(c) language in issue here is plainly and simply written, and the
portion thereof which we have underlined leaves no doubt that overall
seniority in the gang is the determinant in making a force reduction
under the rule. Accordingly, we shall sustain the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
Award Number 20219 Page 3
Docket Number 91W-20187
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
40/4
e
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1974.