NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25210
George S. Roukis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9813), that:<
1. Carrier violated the Clerks' Rules Agreement, when it failed and
refused to properly compensate Guarantee Extra Board Clerk A. S. Barboza for
the month of September 1982, as required by Rule 24, Paragraph (c)-(1).
2. Carrier shall now be required to compensate Clerk A. S. Barboza
an additional four (4) days guarantee pay for the month of September 1982, as
provided for in the rule.
OPINION OF BOARD: The pivotal question in this dispute is whether Claimant
is entitled to four (4) additional days guarantee pay for
the period
running from
September 19, 1982, through September 22, 1982. Claimant
is regularly assigned to the Carrier's Crew Callers Extra Board protecting
vacancies at the Rusk Avenue Crew Callers office; and pursuant to Agreement
Rule 24, Paragraph (c)-(1), he is guaranteed sixteen (16) days pay per month
for his services protecting vacancies. The parties are in agreement regarding
the employment guarantee, but differ as to its application during the time
Claimant's Organization honored a picket line established by another Employe
Organization. The Brotherhood of Locomotive Engineers (BLE) commenced a nationwide
strike which affected Carrier's operations.
In defense of his petition, Claimant argues that he is entitled to
eight (8) hours pay for each such day that Carrier did not call him for work
during the sixteen (16) day guarantee period. He asserts that the only exception
to the Rule's application is when an employe, by his own volition, fails to
respond to a required Carrier initiated work call, or lays off work at the time
he is given such a call. He avers that Carrier had not called him during the
claimed period, despite his being marked off for work calls for the entire
month of September, 1982. He maintains, in effect, that since he had not been
called for cork, there was no way he could have walked off the job to honor the
picket line.
Carrier argues that the extraordinary nature of the strike, coupled
with the Brotherhood of Railway, Airline and Steamship Clerks (BRAC) decision
to honor the BLE picket line, necessitated the suspension of all Extra Boards.
It avers that 170 clerical employes, including the Crew Callers, voluntarily
elected to observe the BLE picket line, and thus, disclaims any responsibility
for Claimant's loss of four (4) days work. It maintains that it is sheer
presumption to assume that Claimant was readily available for work in view of
his implicit Union membership obligations; and asserts that he failed to provide
evidence that he was either available or willing to cross the picket line. It
cited several Third Division Awards dealing with picket line obligations and
emphasized, in particular, the pertinence of Third Division Award No. 19836.
In that Award, the Division referenced in part, an assessment of picketing
provided by Referee Anrod in Second Division Award No. 4494. It reads:
Award Number 25344 Page 2
Locket Number CL-25210
"Picketing is a method of social control conventionally
used by unions in furtherance of a labor dispute. Specifically, unions regard picketing as an indisp
adjunct of strikes because the successful outcome of
a strike largely depends on the success of strikers
in dissuading employees from entering the premises to
work
....
It is a fact commonly known throughout the
industrial world as well as throughout the jurisdiction
in and for which this Board setting that unionists do
not generally cross a picket line established around a
strike-bound enterprise as a manifestation of union
solidarity and unity of action. This fact is indisputable and beyond question."
(See also Third Division Award Nos. 11102, 20427, 20607, 16746; First Division
Award No. 22350 and Second Division Award Nos. 64352 and 6435.)
In our review of this case, we agree with Carrier's position. While
Rule 24, Paragraph (c)-(1) provides a sixteen (16) day work guarantee and Carrier
is obligated to initiate work calls at the pain of compensatory default, the
conditions under which this Rule is operative certainly do not contemplate a
situation where a Union honors the picket line of a sister Employe Organization.
To be sure, there are distinctions between regularly assigned employes and Extra
Board employes who like Claimant are called to protect work, but as Union members
drawing their benefits, seniority and employment status from the same Collective
Bargaining Agreement, their obligations and sentiments must inevitably flow to
the same Organizational protective source. Since an atypical situation was created
by BRAC's decision to honor the BLE's picket line and 170 clerical employes,
including Crew Callers, observed this officially sanctioned supportive action, it
would be most inappropriate to deviate from the Board's past judicial standards.
Whether the Organization itself is on strike or observing as a show of solidarity
the picket line of another Organization is without conceptual distinction since
the decision not to cross the picket line is Organizationally determined. In the
instant case Carrier was not able to carry on in normative fashion its routine
customary operations; and to assume, under these circumstances, that Carrier had
any legitimate reason to expect Claimant to act differently from the other Clerks
who observed BRAC's decision, especially where the cohesiveness of Organizational
unity is an integral requirement of successful picketing, is palpably unwarranted.
In the absence of evidence that Claimant was in fact ready and willing to work
during this unusual time, we must follow the logic set forth in predecessor Board
decisions and accept the defensible premise that Claimant would have honored his
Organization's decision not to cross the BLE picket line.
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;
Award Number 25344 Page 3
Locket Number CL-25210
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
.C/~--~/~
Nancy J.Ib~er - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.