Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No.
32149
Docket No.
MW-31383
97-3-93-3-396
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(MidLouisiana Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it temporarily abolished
four (4) Maintenance of Way positions for one (1) day on June 25,
1992 (System File MW-92-1-MS/92-075-MW).
(2)
As a consequence
of
the violation referred to in Part (1) above,
MidLouisiana Foreman J. R. Walsworth, Jr. and Machine
Operators S. W. Sneed, A. D. Durbin and L. D. Knapp shall each
be allowed eight (8) hours' pay, at their respective straight time
rates, for their loss
of
work opportunity and compensation accruing
thereto."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 32149
Page 2 Docket No. MW-31383
97-3-93-3-396
Parties to said dispute were given due notice of hearing thereon.
The circumstances of this dispute were directly affected by a legal strike on June
14 and 25, 1992 by another Organization against another Carrier. It was obviously
apparent that the strike affected the operation of this Carrier. While working its full
force on June 24, the Carrier temporarily abolished four of seven Maintenance of Way
positions on June 25. These positions were restored on June 26.
Rule 21, calls for "five working days' advance written notice" in the event of force
reduction. Rule 21(e) states, however, as follows:
"Advance notice to employees shall not be required before
abolishing positions under emergency conditions, such as . . . labor dispute
other than as covered by paragraph (f), provided such conditions affect
company's operations in whole or in part . . ." [Paragraph (f) is not
applicable here.)
Third Division Award 30954 covers in full detail the same situation. In denying
the claim, Award 30954 additionally relies on Second Division Award 12750 and Public
Law Board No. 5427, Awards 3 and 4.
Third Division Awards 31717 and 31718 are to the same effect.
These Awards having resolved the same issue and this dispute having no
individually distinguishing characteristics, there is no reason for the Board to reach a
different conclusion.
AWARD
Claim denied.
Form 1 Award No. 32149
Page 3 Docket No. MW-31383
97-3-93-3-396
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 13th day
of
August 1997.