NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20716
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of
Railroad Signalmen on the Chicago and North Western
Transportation Company:
(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Chi
Company when on bulletin #652 dated September 20, 1972, Carrier abolished
the relief Signalmen's job for the purpose of evading the intent of the
vacation agreement.
(b) Carrier should now be required to reinstate the position of
relief Signalman for the purpose of supplying vacation and sick relief as
has been past practice for many years.
(c) Carrier compensate Mr. Robert Bethke for the difference in
pay between what he receives on the position he works from the date of
September 29, 1972; date abolishment was effective; until the time this
position is re-established and he is returned to this position he held at
the time of its abolishment. /Carrier's file: 79-8-1037
OPINION OF BOARD: As part of a restructuring of signal maintenance ter-
ritories, Carrier abolished a position; which position
provided relief necessitated by vacation, sick leave, etc. The Employees
assert violations of the 20 d&f rule, Rule 76 and Article 6 of the National
Vacation Agreement.
RILE 76
Established positions will not be discontinued
and new ones created under a different title covering
relatively the same class of work for the purpose of
reducing rates of pay or evading application of these
rules.
ARTICLE 6
The carriers will provide vacation relief workers
but the vacation system shall not be used as a device to
make unnecessary jobs for other workers. Where a vacation
relief worker is not needed in a given instance and if
Award Number 20948 Page 2
Docket Number SG-20716
failure to provide a vacation relief worker does not
burden those employees remaining on the job, or burden
the employee after his return from vacation, the carrier shall not be required to provide such relie
The Organization asserts that the relief positions have existed
for more than twenty (20) years. Now, according to Claimants, no positions
remain to perform said relief work - even though the work obviously still
exists.
It is apparent that this dispute is a part of the Organization's
stated objection to Carrier's restructuring of territories. Numerous claims
have been submitted to this Board concerning that action: Yet, no Award
issued to date has found a violation.
Claimants have stated, at page 9 of its Submission, that the very
issues presented here - are before this Board in Docket SG-20498. Award
No. 20630 denied that claim in pertinent part.
In order to show a violation of the Rule in issue it is necessary
for the Employees to present evidence which demonstrates improper motivations and burdens upon emplo
speculations and presumptions of what may be the case. Suggestion of possible "mental burdens" and a
showing of facts which would warrant a finding of a violation. See for
example Awards 20746, 20355 and 20630.
Had the Employees presented a specific showing of improper utilizations, personnel overloading,
before us for adjudication. But, this record contains no such showing.
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 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
Award Number 20948 Page 3
Docket Number SG-20716
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
AM
'000-0~.
Executive ecretary
Dated at Chicago, Illinois, this 30th day of January 1976,