Arbitration Pursuant to Appendix III, Section 11
(Finance Docket No. 282501
Involving the
"New York Dock Protective Conditions"
Imposed by the
Interstate Commerce Commission
on the
Burlington Northern Railroad Company
Award No. 3
Pertie~ to Dispute: Burlington Northern Railroad Company
and
Brotherhood Railway Carmen
of
the United
States and Canada
Statement
of
Claim:
That the Fort Worth and Denver Railroad Company violated
the terms of our Agreement, in particular the provisions
of ICC Finance Docket No. 28250 (commonly known as New
York Dock Conditions), Sections 4, 5, 6, 7, '8, 9, and 10
thereof, when they furloughed Childress, Texas Carmen L.
D. Kelso, W. L. McBride, M. E. Clouse, and J. N. Ray, and
Upgraded Carmen R. C. Santillan, C. L. Weir, E. E.
Griffin, and R. H. Smith, and failed to furnish; them the
benefits as provided for under New York Dock.
"2. That, accordingly above named Claimants be allowed the
applicable benefits to commence the date they furloughed
and to continue through their protected period."
Committee Members: Chairman and Neutral Member: Gil Vernon
Labor Member: R. P. Wojtowicz, Vice President
Brotherhood Railway Carmen
of
the United States and Canada
Carrier Member: J. N. Locklin, Manager -
Labor Relations
BACKGROUND
This claim involves, as did Award No. 2, the Carrier's merger
with the Fort Worth and Denver (FWD) in December 1982, and events
at Childress, Texas. In Award No. 2, the Claimant was furloughed
after the merger, and shortly prior to the discontinuance of carmen
activity at Childress.
In this case all Claimants, except one -- J. N. Ray -- were
furloughed in 1982. In July, 1982, Claimants Santillan, Weir,
Griffin and Smith were furloughed. In October, Claimants Kelso,
McBride and Clouse were furloughed. Claimant Ray was technically
furloughed in April 1983, however, at the time, he was on sick
leave and the record indicates that, as
of
the date of the hearing,
he still was on sick leave.
FINDINGS
In this case, the Organization argues that all
of
the Claimants, except J. N. Ray, were laid off in anticipation of the merger. However, the committee is not satisfied that there has been
any causal nexus established between the merger, as it was, and the
earlier layoffs
of
the Claimants. A'1 the specific events pointed
to by the Organization are events which could have, under these
facts and circumstances, occurred in the absence of the merger.
Therefore, the claim for these Claimants must be denied.
With respect to Claimant Ray, there is no indication that as
of the date
of
the hearing, he has yet been deprived of employment
-- as he still remains unavailable for work. Therefore, realistically speaking, no legitimate question or issue is present in this
case. Accordingly, his claim will be dismissed.
AWARD
The Claims are disposed of in accordance with the Findings.
(305-W--s
Gil-Vern`on, airman an Neutral em er
. Y.
wo*icz, L~or Memoer
dated_this ! s0 day of January, 1986.
. P, Lit-U, .
11
N. LockTi
n, 'Caarri
er Member