In this claim, the Organization contends that Carrier violated the Agreement when Extra Board Position No. 1 at Buffalo was abolished without a five day notice. Accordingly, the organization asks that the claim be sustained.
Carrier argues that it did not violate the Agreement. It maintains that on June 20, 1988, Carrier filed for relief under Chapter 11 of the Bankruptcy Code with the US Bankruptcy Court for the District of Delaware. On February 28, 1990, Carrier's Trusteein-Bankruptcy commenced operating t the ICC authorized the D&H Corporation/CP Railroad to operate the railroad under directed service. Clerical service was governed by the bankrupt Delaware and Hudson Railway Company Agreement.
Carrier points out that this Agreement contained provisions wherein Extra Boards were established and the position of Extra Clerk was recognized. It submits that these positions were nonguaranteed, that is, employees holding not entitled to any guaranteed earnings. Therefore, Carrier maintains that Claimant is not entitled to the five day notice.
Accordingly, and for these reasons, Carrier asks that the claim be denied.
After a review of the record evidence, we conclude that the claim must be denied. Under the terms of the Agreement dated September 24, 1990, there were no positions of Extra Clerk. In addition, all positions during the bankruptcy period were bulletined as temporary by the Trustee and Carrier had not abolished the Extra Board positions, but rather reclassified them as spare and unassigned.
Accordingly, and for the foregoing reasons, the claim is denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant (s) not be made.