PUBLIC LAW BOARD 3367
AWARD $3
XEMBERS OF THE BOARD
D. BATES
Carrier Member
JUDGE ARTHUR W. SEMPLINER
Chairman and Neutral
M. D. ROBERTS
Organization Member
PARTIES UNITED TRANSPORTATION UNION
To
DISPUTE DETROIT, TOLEDO & IRONTON RAILROAD COMPANY
STATEMENT
OF
CLAIM:
FINDING:
finds that:
Is the Carrier required under Section 8 of Article 1
of "New York Dock" protecting conditions to pay for
the cost of Health and Welfare benefits for furloughed
protected employees who are being paid a dismissal
allowance pursuant to Section 6 of Article 1 of "New
York Dock" protective conditions?
The Board, upon the whole record and all the evidence,
The Carrier and Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway
Labor Act, as amended.
This Board has jurisdiction over the dispute and the
parties involved herein, and the parties were given due notice of
hearing.
PLB 3367
Award 83
Page 2
FINDING:
The claimants were under the protection period and receiving the monthly allowance as provided. Section 8 entitled Fringe
Benefits provides that such benefits continue so long as such benefits are provided to other employees of the railroad in active
service, or on furlough. The carrier argues that the issue is
controlled by furlough provisions, ignoring that the benefits are
still paid to employees in active service. The provisions of the
Travelers policy have no bearing, as such language was not a part
of the basic contract, and is subject to change with each new
Travelers negotiation.
The Carrier assets that the dispute in this case involves
the intent and meaning of the following language, which appears in
Section 8 of the New York Dock Protective
Conditions:
"Under the same conditions and so long
as such benefits continue to be accorded
to other Employees of the Railroad in
active service or on furlough as the case
may be."
They further aver that the carrier does not have to continue to pay premiums to Travelers for furloughed employees, therefore they do not have to pay premiums for protected furloughed
Employees.
The Organization avers that Section 8. Fringe Benefits.,
PLB 3367
Award #3
Page 3
which states in part:
"8. Fringe Benefits - No employees of the railroad
who is a ect~e ~y a tranaction shall be deprived,
during his protection period, of benefits attached
to his previous employment..."
is unambigious and has been- interpreted to afford'a prctected dismissed employee the same benefits as if he had continued to work.
The Board finds that the intent of Section 8. Fringe
Benefits was intended to afford the protected employee the same
rights and benefits he would have had if he continued in uninterrupted service.
AWARD: CLAIM SUSTAINED
ORDER: This award is ordered effective forthwith, and the Carrier
is directed to make payment within thirty (30) days.
u ge Ar ur . Sem
Chairman and Neutral
D. Bates
Carrier Member
Ali - Q , 4~
M. D. Roberts
Organization Member
DATED: " ,~ ~~ , 1984