SPECIAL BOARD Of ADJUSTMENT
ESTABLISHED PURSUANT TO
SECTION 11 OF '1 'HE
NEW-YORK DOCK 11 CONDITIONS
CASE N0. 2
PARTIES ) BROTHERHOOD OF RAILWAY CARMEN OF THE UNITED STATES
TO
DISPUTE ) SEABOARD SYSTEM RAILROAD
STATEMENT OF CLAIM:
"Case in behalf of 23 furloughed carmen under the provisions of the New York Dock Conditions account Trains
273/274 and others being transferred to the B&O Railroad's Queensgate Yard from the Louisville and Nashville
Railroad, DeCoursey, Kentucky." (BRC File 574-1012-M295; L&N File 16-AA-NYD (83-133)
BACKGROUND:
The background and certain of the arguments in this dispute
are not too unlike those presented by both the Carrier and the BRC
in Case No. 1 before this Board, except the named Claimants here
number 23 and were furloughed at DeCoursey Yard on April 23 and
May 25, 1982, and the issue in dispute involves not only the May 15,
1381 coordination of B&O--L&N TOFC ramps as in Case No. 1, but, more
particularly, a BRC contention that the adverse affect upon the Claimants also resulted from the Carrier shifting of certain train operations from DeCoursey Yards (L&N) to Queensgate Yards (B&O).
POSIT(CN OF THE EMPLOYEES:
The BRC contends that the moving of business from DeCoursey to
Queensgate was something which was contemplated a considerable time
before the actual move, as it submits is evident from a news release
dated November 16, 1978, wherein the parent company, CSX, announced
an approved plan of merger between the Seaboard Coast Line Industries,
Inc., and Chessie System, Inc., would result in, among other things,
the following:
"Management believes the proposed merger will pro
vide improved service to shippers, operating ef
ficiencies and greater intermodal competition in
North - South transportation; will permit more in-
AND CANADA
tensive utilization of facilities and equipment;
and will mean improved profitability; increased
capability to. meet the needs of the shipping public and a stronger rail transportation system in
the East.
Osborn and Watkins [Chairman and Chief Executive
Officer and Chairman and President of the two
companies, respectively] emphasized the competitive benefits of better access to each other's
markets. They said that joint solicitation and
improved through service will attract merchandise
traffic currently moving across north-south regional boundaries on highways and waterways. Affiliation will also offer opportunities for more
efficient coal distribution as potential coordination projects provide alternative routes to consuming markets. The combined system will improve
service by close coordination of train schedules,
increased numbers of run-through trains, more efficient routing among the systems' individual
roads and greater car availability.
Together, Chessie and Seaboard have a total coal
hopper fleet of 125,000 cars. Utilization of this
fleet will be improved through reductions in hauling empty cars to loading points and in less circuitous routing, thus assuring a better car supply
to shippers on both rail systems.
Potential common-point coordination projects exist
in the Chicago, St. Louis, Cincinnati, Louisville,
Lexington, Richmond, Newport News-Norfolk and Eastern Kentucky areas. Coordinations at these points
could reduce overall investment by eliminating duplicate or little-used plant, and would be designed
to increase volumes over the best routes, to reduce
car delay and improve through-train movement."
The BRC urges that, in essence, the Carrier is "attempting to
use the merger without negotiations as a stepping stone to merge the
two railroads without the protective benefits that the Interstate Commerce Commission rendered with the instituting of the provisions of
the New York Dock [Conditions]."
The BRC maintains that despite Carrier contoontions to the contrary., prior to April 15, 1381 (the date the Implementing A.,Iieament
was entered into between the parties relative to the coordtnarion of
B&0 and L&N 'rOFC ramps), all of the trains that ran from the northern
Kentucky facility of the L&N's DeCoursey Yards, and any Grains or
parts of trains coming frqm the B&O.facilities at Queensgate Yards
(Cincinnati, OH), "all were made up and departed from DeCoursey Yards
facility."
In this same connection, the BRC stated in a letter dated September 12, 1983 to the Carrier: .
."If there had been no merging of the Railroads,
(CSX Corporation), into one backdoor merger the
trains that you refer to would have read: Trains
273/274 Louisville to Decoursey where they would
have been put in trains that would have dispatched the business to the B&O Railroads, Queensgate
Yard, C&O Railroads former Covington, Kentucky
train yards, (now owned by B&O and/or CSX), there
would have been cars dispatched to the Conrail
System through former New Yo=k Central and Pennsylvania Yards in Cincinnai, Ohio. Certain cars
historically were dispatched from Decoursey yards
to the industries in and around Cincinnati, Ohio,
that business was taken to Decoursey Yards from
Louisville, Corbin and points on the L&N in Kentucky and other adjacent states.
The business that flow from Louisville to Decoursey
also flowed in reverse from Cincinnati to Decoursey
to Louisville, Corbin, Ravenna, Hazard, Kentucky as
well as other points in adjacent states.
Once the I.C.C. granted C.S.X. Corporation the right
to merge the Employees of all of the railroads became effected. Prior to the CSX Corporation's formation the B&O/C&O operation at Cincinnati, Ohio
known as Queensgate Yards was a completely different
Railroad. Since the formation of the CSX the employees at Decoursey Yards have seen their work slowly but surely being given over to the B&O Railroads
property. Why? Why?
The answer to why is quiet simple, the employees of
the B&O are covered by protective benefits that, if
furloughed they would have to be paid protective
benefits."
The BRC also asserts that since the L&N has furloughed Cacmen
in 1981, 1982 and 1983, amounting to approximately 84 employees, whereas the B&0 Carmen's roster grew without any decrease whatsoever during
the same years, that this makes it evident that work belonging to the
forces at DeCoursey has been transferred to Queeensgar.e.
operation
The BRC asks that the Board sustain its position and define
the Claimants in this dispute as "Dismissed Employees" under Section 1(c) of the New York Dock Conditions and instruct the Carrier to
comply with Article 1, Section 5, of the New York Dock Conditions as
concerns displacement allowances.
POSITION OF THE CARRIER:
Basically, the Carrier maintains that the Claimants were furloughed as resulb of a severe decline in business and not because of
the B60-L&N TOFC ramp coordiantion of May 15, 1981 or change in trailf
operation.
As concerns the BRC allegations related to changes in train
the Carrier states:
"Prior to May 15, 1981, B60 crews operated one
through freight train each way between Louisville and Cincinnati via the 860 Nabb to North
Vernon line. At Louisville the train operated
into and out of the Kentucky 6 Indiana Terminal
Company (K6IT) Youngtown Yard; and at Cincinnati
the train operated into and out of the B60 Queensgate Yard. After May 15, 1981, this same train
was operated into and out of L6N's Osborn Yard
via L6N's LCL line into and out of Queensqate
with B60 crews. The LCL agreement spelled out
that H60 crews would operate this train via the
L6N line either to Queensgate or to DeCoursey
Yard. The usual provisions for recovery of work
(equity) by L6N crews or by B60 crews based on
train miles operated by 860 crews or by L6N crews
are contained in the agreement.
Prior to May 15, 1981, L6N crews operated two
through freight trains each way between Louisville and Cincinnati via the LCL line. The
trains ran to and from Osborn Yard at Louisville
and DeCoursey Yard at Cincinnati. After May 15,
1981, these same two trains were operated between
Osborn and DeCoursey Yards. The LCL Agreement
spelled out that the L6N crews could operate
either to DeCoursey Yard to (sic) to Queensgate Yard.
On August 19, 1981. one of the through freight
trains began operating between Osborn and Queensgate; however. L6N crews continued to operate the
train to Queensgate. The other through freight
train began operating from Osborn to Sharonville
-
Yard (ConRail) at Cincinnati and from DeCoursry
to Osborn on return. L&N trains had been oper-
ated to Sharonville Yard during various periods.
of time over a period of years preceding and in
dependently of the May 15, 1981 coordination.
L&N crews continued operating the Osborn-Sharon
ville/DeCoursey-Osborn train. No employees were
eliminated or affected by these changes."
The Carrier further states that during the first three quarters of 1981 an average of 2,360 cars per day were dispatched through
DeCoursey and the heavy car repair shop was operating at peak capac:i.ty, three shifts per day, five days per week. Conversely, Carrier
submits, during the fourth quarter of 1981 the business decreased to
an average of 1,645 cars per day. Further, that the decline in business which began in the third quarter of 1981 continued to slide in
1982 and remained depressed into the third quarter of 1983. As an
example of how this affected the operations at DeCoursey, the Carrier
submits that the average number of cars dispatched from that terminal
declined to 1,393 per day for the year 1983, a decline of 41$ from the
1981 average.
The Carrier also states the number of trains dispatched from
DeCoursey to Clean Coal at Carrollton, KY during the years 1981, 1982
and 1983 were as follows: 1981 - 708 trains; 1982 - 253 trains; and,
1983 - 189 trains. In addition, it offers other statistics related
to declines in business and, .in particular, the impact of such reductions on shop craft and other forces at DeCoursey. In this latter
connection, Carrier states that Claimants, as well as employees in
other crafts at DeCoursey and elsewhere on its System were furloughed as a result of the depressed economy, namely,292 employees in
the period September through December 1981: 2,002 employees in 1982:
and 291 in 1983.
The Carrier asserts that none of the events described by the
BRC caused any Carmen to be furloughed, and that in the instant case
the furloughs did not take place until a year following the coordination of the L&N-B&O TOFC ramps. In this connection, it submits that
as a result of the L&N-a&O coordination only one set of L.tN trains
was changed to operate to Queensgate and provision was mn~le that ,c·r-
_ 6 _
tain blocks of cars in that train could be set off for handling in
DeCoursey Yard. ,
The Carrier.urges,that the Claimants do not meet the definition of "dismissed" or "displaced" employees as set forth in the New
York Dock conditions and are not, therefore, entitled to any protective benefits.
FINDINGS:
The Board has carefully reviewed the volumipous presentations
It is axiomatic that in order for the protective benefits of
the New York Dock Conditions to apply that it must be shown that any
adverse affect upon employment relationships is directly attributable
to a transaction authorized by the ICC wherein it has imposed the afore
mentioned protective conditions.
In the dispute before us we are not persuaded that BRC has
established a prima facia case that the furloughing of the Claimants
in April and May 1982 was the direct result of the year earlier coordination of the L&N-BSO TOFC ramps or by reason of a change in Carrier's
train operations. The allegations advanced by the BRC are too indirect
and remote to connect them with the May 15, 1981 coordination. At the
same time, we believe the Carrier has shown by presentation of substaniAl data that it suffered a severe decline in business and that this
was the prime factor for the furloughing of the Claimants.
The Board likewise does not find that the 1982 furloughing of
the Claimants was in anticipation of a subsequent, or 1984, coordination of forces and facilities in this same general area.
Accordingly, in the absence of a supportive causal nexus, this
Board has no alternative but to hold that the claims be denied. As
held by past boards, the transaction causation must be direct and not
general in nature.
AWARD:
made by both parties
Claim denied
Robert E. Peterson, Chajrm~
J. illiams, Carrier Member
Jacksonville, FL
May 29, 1385
R. P - NO
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