Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27996
THIRD DIVISION Docket No. MW-26471
89-3-85-3-212
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Maine Central Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it laid off Messrs. N.
W. Cribby, Jr., B. R. Libby, E. L. Hayward, J. Johnson, Jr., W. L. Harris IV
and M. S. Messer without benefit of five (5) work days' advance notice
(Carrier's File MW-84-2).
(2) The claimants shall each be allowed eight (8) hours of pay at
their respective straight time rates because of the violation referred to in
Part (1) hereof."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
At about 9:30 A.M. on Tuesday, October 18, 1983, Claimants, whose
normal work day commenced at 7 A.M., were notified by hand-delivered notice
that their crew, Extra Crew No. 1, headquartered at Rigby, Maine, would be
abolished at the close of business on Monday, October 24, 1983.
Claimants each submitted a claim for eight (8) hours of pay for
Tuesday, October 25, 1983, on grounds that Carrier had given them only four
(4) working days' notice of force reduction, rather than the five (5) days'
notice required under Article II, Rule 5(g):
Form 1
Page 2
Award No. 27996
Docket No. MW-26471
89-3-85-3-212
"Regular employees on regular assigned work will
be given given five (5) working days' notice
in advance of reduction in force. Regular
employees are men who have worked more than
thirty (30) consecutive workdays and have
acquired seniority rating."
Carrier denied the claim on grounds that through "past practice," the
Carrier "always" considered the day upon which notice was given as one of the
five (5) days of the notice provisions of the Agreement.
This is not a case of first impression before this Board. So far as
the record shows, the position advanced by Carrier in this case has never
prevailed before this Board. The disposition in this case must conform with
our findings in Third Division Award 21766:
"At 11:00 a.m. on Friday, May 9, 1975, the
Carrier posted Bulletin No. 511 which advised
that Claimant's position (Keypunch Verify /#143)
would be abolished after working hours on
Thursday, May 15, 1975. Claimant's assigned
hours were 7:00 a.m. to 3:00 p.m.
Claimant asserts that Carrier did not give a
full five (5) working day notice as required by
the pertinent agreement.
Carrier concedes that 'five working days
notice must be given,' but it contends that
Friday, May 9, 1975 was one of those days. In
other words, it asserts that the working day
during which notice was given is properly included in computing the five (5) working days
advance notice.
The Board has consistently ruled to the
contrary. See, for example, Awards 14928,
15839, 15954 and 17219."
A W A R D
Claim sustained.
Form 1 Award No. 27996
Page 3 Docket No. MW-26471
89-3-85-3-212
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1989.