Form
L
NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29355
THIRD DIVISION Docket No. CL-28762
92-3-89-3-254
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10365) that;
L.
Carrier violated the effective agreement when, effective April 5,
1988, it abolished ail positions on the guaranteed extra board and then continued to fill these posi
2. Carrier shall now compensate the five (5) senior furloughed
employes eight (8) '.ours' pay at the straight time rate of the position they
would have worked, or the extra board guarantee rate, for April 5, 1988, and
for each and every day thereafter that a like violation exists."
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.
Effective `larch 28, 1988, the Carrier abolished nine regular Extra
Board positions. The Organization thereafter filed a Claim challenging the
Carrier's use of the five senior furloughed employees to fill temporary
vacancies and perform extra work. The Carrier denied the Claim on grounds
that the Agreement permits the Carrier to use furloughed employees to fill
temporary vacancies, and that the employees affected when the Extra Board
positions were abolished had since been working 40-hour weeks and had suffered
no losses. The Carrier also contends that the Board does not have jurisdiction over this matter, and
Form 1 Award No. 29355
Page 2 Docket No. CL-28762
92-3-89-3-254
The Board ::as reviewed the record in this case, and we find that the
Organization has not met its burden of proof that a violation of the Agreement
has occurred. Therefore, the Claim must be denied.
The record reveals that the Carrier has established that it suffered
a severe decline in ousiness in late 1987. As a result, it was required to
make force reductions in all departments of the Carrier which affected a
number of clerical tositions. in March 1988, it abolished nine Extra Board
assignments, of whic:n only five were filled at that time. The Organization
admits that there was a general reduction in force at that time and does not
deny the existence ~: the downturn in business.
The Carrier has established that it has a right to reduce its forces
when there is an established loss of business. Article I, Section 2, states
in part:
"In t-.e event of a decline in the Carrier's business _n excess of five percent (5Y.) in gross
operating revenues and the number of total cars
handled in any thirty (30) day period compared with
the average of the same thirty (30) day period for
the s_xty (60) calendar month period during the
Years 2976 through 1980, a reduction in the force
of t-.e employees covered by this Agreement may be
made st any time after said thirty (30) day period
below the number of employees entitled to preservatio: of employment under this Agreement to the
extent of one percent (1Y,) for each one percent
(l%) tze said decline exceeds five percent (57).
Adva7ze notice of any such reduction shall be given
as re_uired by the current scheduled Agreement
between the parties"
The Organization relies in large part on Third Division Award 26557,
issued in 1987, in another case between these two same parties. That case
involved the Carrier's failure to establish a permanent Switching Information
Clerk position despite the fact that Extra Board employees were regularly
filling that position. This Board sustained the Claim in that case. However,
we must note that the first sentence in that Award was:
"In March, 1984, Carrier began to experience a
dramatice increase in traffic and it became
necessary to work additional Switching Information
Clerk assignments." (Emphasis ours.)
As stated above, the case at hand involves a severe downturn in business. We recognize that f
work, but that fact alone does not establish a violation of the Agreement.
Moreover, we should note that there was no loss in pay involved here.
Form 1 Award
No. 29355
Page 3 Docket
No. CL-28762
92-3-89-3-254
For all of the above reasons, the Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -'Executive Secretary
Dated at Chicago, ::linois, tnis 25th day of August
1992.