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.
Prior to January 3. 1992. Welding Gang 1154, consisting of a Welder and a Helper, was headquartered at Malvern. Arkansas. On that date Welder Holloman and Helper Pelton were notified that their jobs were abolished, effective Januarv 8, 1992. On January 10, 1992, Carrier advertised a vacancy for a Welder and a Helper on Welding Gang 1154, headquartered at Benton, Arkansas. Holloman and Pelton were the successful bidders and were assigned to the positions, effective January 24. 1992. On March 23, 1992, Holloman and Pelton received notices that their positions of Welder and Helper on Welding Gang 1154 headquartered at Benton would be abolished effective March 27, 1992. At the same time these abolishments were occurring, Carrier advertised for positions of Welder and Helper for Welding Gang 1171, to be headquartered at Malvern. Under date of March 20, 1992, Welder Bohanon and Helper Vincent were assigned to Gang 1171.
The Organization argues that change in the headquarters of Welding Gang 1154, its abolishment on March 27. 1992. and the bulletining of Welding Gang 1171 at the former headquarters' point of Gang It 54. was done for the purpose of avoiding payment of away from home expenses as required by Award 298. The Organization says that :ward 298 set the guidelines for forces such as those assigned to Welding Gangs, and these were incorporated into Rule 26 of the Agreement. Under these guidelines Carrier is foreclosed from establishing a fixed headquartered gang to perform work at one location for a short period of time. abolish said gang, and then reestablish the gang at its former location within the time period of one year. This is exactly what occurred. it is argued.
The Board agrees with the Organization. It is obvious from review of the bulletins in evidence in this record that a number of transactions occurred that accomplished the very thing Award 298 proscribed. move a fixed headquartered gang from one headquartered point to another for a brief period of time to circumvent a Form 1 Award No. 32584
requirement to pay away from home expenses. The claim will be sustained, however, Carrier's liability for Award 298 expenses and Lead Welder's rate of pay for Claimant Bohanon will cease 12 months after the date Gang 1154 was first moved to Benton, January 24. 1992.
This Board, after consideration of the dispute identified above. hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.
CARRIER MEMBERS DISSENT
TO
THIRD DIVISION AWARD 32584, DOCKET 31231
(Referee Fletcher)
LABOR MEMBER'S RESPONSE
TO
CARRIER MEMBERS' DISSENTING OPINION
TO
AWARD 32584 DOCKET MW-31231
(Referee Fletcher)
The Majority was correct in its ruling in Docket MW-31231 and nothing present in the Carrier's dissent distracts from the correctness and precedential value of th
The dissent alleges that the Organization misled the referee in this case. This case was as straightforward as any case can be. Hence, a reasonable mind could not have been confused with the facts of this case as a review of the outcome demonstrates. The only reasonable conclusion that can be reached is that the Minority is confused.
This case was decided upon interpretation Nos. 12 and 15 of Award 298. Those Interpretations specifically held that the Carrier could not remove employes covere simply discontinuing camp cars and headquartering a gang if that gang's headquarters did not remain the same for twelve (12) months. That is exactly what happened in this instance. Gang 1154 was headquartered at Malvern, Arkansas prior to January 3, 1992. On January e, 1992, the Carrier abolished Gang 1154 and established another welding gang headquartered at Benton, Arkansas effective January 24, 1992. On March 23, 1992, the Carrier abolished the welding gang at Benton, Arkansas and established another headquartered welding gang at Malvern, Arka and abolishment occurred within a span of three (3) months. This is the exact same issue that was posed to the Interpretation Committee pursuant to Award 298 resulti and 15. The findings of those Interpretations specifically forbid the Carrier from establishing and abolishing headquartered positions if the headquarters of those po same for a period of twelve (12) months. The record reveals that that is exactly what the Carrier did in this instance. The Minority complains that:
The Organization simply cannot comprehend how much closer together the bulletins and abolishment could have been. From Jan- uary 8 through March 27, 1992, the Carrier abolished and moved the
headquarters of this welding gang three (3) times within a span of less than three (3) months. Under Agreement Rule 11, amended November 13, 1987, the bulletin cycle c calendar days. Inasmuch as the Carrier abolished and rebulletined this gang twice in the aforementioned time frame, the bulletining cycle alone consumed at least forty (40) days of the eighty-seven (87) days of this violation. Clearly, such was a violation of Interpretation Nos. 12 and 15 of Award 298. Apparently, the Minority perceives that three (3) months months. If so, the Minority's reasoning and comprehension of basic mathematics is inane or not of this world.
The dissent goes on to contend that the Majority erred when it ordered the Carrier to re-establish the lead welder's position alleging that Award 429 of Special Ho well as Third Division Award 29975 held that the Carrier was not required to bulletin a lead welder position with a welder helper. The intent of Award 32584 was to restore the compliment of the gang as it was prior to the improper abolishing and re-establishing of the gang's headquarters in the first place. Absent the Carrier's initial violation of the Agreement, the gang compliment was a lead welder and a welder helper. The award merely restores the gang as it was prior to the Carrier's violation of the Agreement. The award is correct and stands as precedent.