NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25156
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Northern Region)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it laid off Trackmen L. Anthony
and J. Hensley on January 5, 1982 without benefit of five (5) days' advance notice
(System File C-TC-1311 /MG-34181.
(2l The claimants shall each be allowed thirty-two (32) hours of pay
at their respective straight time rates because of the violation referred to in
Part (1) hereof.
OPINION OF BOARD: The Claimants, Trackmen L. Anthony and J. Hensley, were laid
' off on January 5, 1982. They were regularly assigned to Force
1150, an AFE Gang. With no advance notice, it is charged that the Claimants
could not make.a displacement until January 7, 1982, thus losing one day's pay.
The Carrier points out that the members of Force 1150 were notified in accordance
with Rule 8 1/2 on December 23, 1981, that, effective with the close of business
December 31, 1981, they would be furloughed. This did not take place due to
unforeseen complications. It is Lhe Carrier's position that each member of Force
1150 was personally informed that work was available on a strictly voluntary, day
to day basis and that they had the option of exercising seniority rights prior to
or on the cut off date of December 31, 1981. The problem with this argument is
that it is simply an assertion. The only substantive evidence contained in the
record is a written statement dated March 15, 1982, addressed to the Assistant
General Chairman and signed by the Carrier Foreman in charge of the force. There
is no mention of the gang members being given the option to exercise their seniority
rights or continue on working in a temporary status. On the contrary, the Foreman
states:
'We were not told that we could work on a day
to day basis, but that we were to work on a
day to day basis".
Later, the Foreman states:
'These men wished to be cut off on the cut off date
so they could their bumps where they could."
The absence of any rebuttal evidence to the contrary, this Board finds
the record as a whole supports the Organization's claim.
Award Number 25325 Page 2
Locket Number MW-25156
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
. By Order of Third Division
Attest:
Nancy -Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.