NATIONAL RAILROAD ADJUSTM1W BOARD
TBIRD DIVISICK Docket Number NS-22222
(Geraldine C. Stinson
PARTIES TO D33PUM:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIDi: "Claia reinstatement to employment of the
Chesapeake end Ohio Railway Campatp by having
Termination Agreement which was negotiated during rundown far
Memorandum Agreement dated Jn7y 12,
1976,
voided because of failure
of the carrier to present all available options."
OPINION OF HOARD: The record in this case shows that on or about
June 10,
1976,
notice was posted at Huntington,
West Virginia, advising employes in that area that effective on
Jtdy
12,
1976,
Carrier would coordinate and reorganize certain functions and
facilities on the Southern Region, which included Huntington., West
Virginia.
On July 8, 1976,
representatives of the carrier and the
Organization visited RtAtiagtan, West Virginia, where they set with the
several individuals who were to be affected by the coordination to
explain the optima which were available to each and to determine their
elections under the application of the duly
12,.1976
Memorandum Agreement. Claimant was interviewed an July
8, 1976
and was advised that she
could either: (1) exercise her seniority and acquire rate protection
under the prcv'1.sions-af-the-Memorandum-Agreement.. effective-July-I2,.._ _-
1976;
or
(2) elect a separation allowance and ash her rights
_viWthe_canier,_.C1a1u%u*.sigxd an-election form accepting separation
s alloranct.
In the submissions to this Hoard, petitioner alleges that
information was withheld from her an July
8, 1976,
which information
would have affected her decision. She further alleges that she was
given only a "a matter of minutes" to make her decision.
The Board
bas
studied the entire record and fails to find
&my probative evidence to stxppart petitioner's allegations. All
information relative to the coordination was made available either by
bulletin notice or at the July 8, 1976 interview. There is nothing
Award Number 22161
Docket Humber D6-22222
Page 2
in the record to suggest that claimant was denied the right to raise
any qnesticns which she sight have had relative to the coordination. She
ma afforded the right to question both Carrier and Organization
representatives. In short, there is
since
nothing is this record to
indicate that any of the provisions of the Hemorandua Agreement effective
.lay 12, 1976
was violated or that claimant was in any way pressured into
opting for separation allowance.
FINDINGS:
The
Third Division of the Adjustment Hoard, upon the whale
record and a71 the evidence, finds and holds:
That
the
parties waived oral. hearing;
mat the Carrier and the Implayes involved in this dispute
are respectively Carrier and Emplaves 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
'mat the Agreement was not violated.
A ii A & D
Claim denied.
AT=?:
z~- /*·
PA4444--r
Executive Secretary
SATIl1KAT.
RAILROO ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, T13nois, this 31st
date of July 1978.