Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35012
Docket No. SG-34207
00-3-97-3-768
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood or Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville and Nashville
( Railroad Company)
STATEMENT OF CLAIM:
"Claims on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville & Nashville Railroad:
A. Claim on behalf of L. E. Davis for re-establishment of Signal Gang
7C17 and for payment of 22 hours at the straight time rate and
$457.25 in travel expenses, account Carrier violated the current
Signalmen's Agreement, particularly Agreement No. 15-60-95,
when it abolished Signal Gang 7C17 on July 25, 1995 [sic].
Carrier's File No. 15(96-345). General Chairman's File No.
96-215-07. BRS File Case No. 10288-L&N.
B. Claim on behalf of T. D. Fraley for re-establishment of Signal
Gang 7C17 and for payment of 11 hours at the straight time rate
and $249.55 in travel expenses, account Carrier violated the
current Signalmen's Agreement, particularly Agreement No.
15-60-95, when it abolished Signal Gang 7C17 on July 25, 1995
[sic]. Carrier's File No.15(96-352). General Chairman's File No.
96-215-08. BRS File Case No. 10289-L&N.
C. Claim on behalf of D. A. Witt for re-establishment of Signal Gang
7C17 and for payment of 21 hours at the straight time rate and
$393.70 in travel expenses, account Carrier violated the current
Signalmen's Agreement, particularly Agreement No. 15-60-95,
when it abolished Signal Gang 7C17 on July 25, 1995 [sic].
Form 1 Award No. 35012
Page 2 Docket No. SG-34207
00-3-97-3-768
Carrier's File No. 15(96-322). General Chairman's File No.
96-215-05. BRS File Case No. 10291-L&N.
D. Claim on behalf of D. A. Witt for re-establishment of Signal Gang
7C17 and for payment of 13 hours at the straight time rate and
$238.70 in travel expenses, account Carrier violated the current
Signalmen's Agreement, particularly Agreement No. 15-60-95,
when it abolished Signal Gang 7C17 on July 25, 1995 [sic].
Carrier's File No. 15(96-340). General Chairman's File No.
96-215-06. BRS File Case No. 10290-L&N.
E. Claim on behalf of T. D. Fraley L. E. Davis for re-establishment of
Signal Gang 7C17 and for payment of 22.5 hours each at the
straight time rate and $438.65 each in travel expenses, account
Carrier violated the current Signalmen's Agreement, particularly
Agreement No. 15-60-95, when it abolished Signal Gang 707 on
July 25, 1995 [sic]. Carrier's File No. 15(96-321). General
Chairman's File No. 96-215-04. BRS File Case No. 10292-L&N."
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.
Parties to said dispute were given due notice of hearing thereon.
CSXT Labor Agreement 15-60-95 effective July 25,1995 allowed L&N System
Signal Construction Gangs to work on specific projects on the former C&EI portion
of the Carrier's system running between Evansville, Indiana, and Chicago, Illinois,
Form 1 Award No. 35012
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without a reduction in L&N Signal Construction Gangs. Two L&N System Signal
Construction Gangs were established to perform this function.
Side Letter No. 4 to that Agreement provides:
"This refers to CSXT Labor Agreement No.15-60-95, which was reached
today. It was agreed that it is not the intent of this agreement to eliminate
the present L&N forces to establish the two new L&N Gangs established
to perform work on the former C&EI. In the event the Carrier is
required to reduce forces on the L&N prior to the completion of this
project due to operational requirements the parties will meet to discuss
the matter.
If the parties are unable to reach an agreement, the Carrier may,
nevertheless, proceed to reduce forces on the L&N and the employees
may progress the dispute as a claim or grievance under the agreement,
and in such proceedings it will be the burden of the Carrier to prove that
it was justified in the actions taken."
On July 25, 1996, the Carrier abolished District Signal Gang 7C17
headquartered at Rivana, Kentucky. The gang members then exercised their seniority
to other positions. These claims followed after the parties met and were unable to
resolve the matter.
District Signal Gang 7C17 was abolished one year after the parties agreed that
the Carrier could establish the two System Signal Constructions Gangs under CSXT
Labor Agreement 15-60-95. The record establishes that Signal Gang 7C17 was
abolished because of budgetary constraints. Given the passage of time after
establishment of the two gangs on the former C&EI and the abolishment of District
Signal Gang 7C17 and the reasons articulated by the Carrier for its actions, there is
insufficient evidence to find that the Carrier "eliminate[d] the present L&N forces to
establish the two new L&N Gangs established to perform work on the former C&EL"
The Carrier met its burden of proof under the side letter. See Third Division Award
33849 ("There is no indication that anyone affected by the force reduction was forced
to either of the two L&N gangs established to work on the former C&EI.")
The claims will be denied.
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AWARD
Claim denied.
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 25th day of October, 2000.