NEW YORK DOCK
PARTIES TO DISPUTE:
Case No. 2
Allied Services Division/BRAC
VS.
The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
1. Did the Carrier violate the terms of the Letter of
Understanding of February 17, 1984 by abolishing certain jobs
at Cincinnati, Ohio on or about December 1, 1985 thereby entitling
Claimants R.G. Condo, W.E. Stumpf, J.A. Glascock and M.J. Bray
to employee protection as outlined in the New York Dock protective
conditions?
2. Did the Carrier further violate the terms of the Letter
of Understanding of February 17,1984 when it abolished jobs at
Cincinnati, Ohio
on or about November 9, 1986, thereby entitling
Claimants G.E. Ante, M.J. Bohler, J.D. Dugger, M.S. Lotspaih,
A.A. Mazzaro, L.A. Terrell and R.G. Todd to employee protection
as outlined in the New york Dock protective
conditions?
3. If the answer to Questions #1 and #2 are in the affirmative
are the Claimants entitled to a dismissal and/or displacement
allowance as outlined in the New York Dock protective conditions?
OPINION OF BOARD: The relevant facts of this claim are not in
dispute. On November 9, 1983, Carrier gave notice of intent,
effective February 15, 1984, to coordinate certain property
protection functions in the Greater
Cincinnati, Ohio
Terminal
area. At that time, such functions were performed separately
by the Baltimore and Ohio Railroad Company (B&0) and the Seaboard
System Railroad (SBD: formerly the L&N). On February 17, 1984,
the Organization entered into an Implementing Agreement with
Carrier with respect to the coordination. Under this agreement,
any former B&O employee at Cincinnati or Hamilton furloughed as
a result of job abolishment due to the performance of coordinated
Case No. 2
functions by former L&N employees, would be considered a
"dismissed employee" entitled to protective benefits. The
Agreement was to be effective for six years from the coordination
date.
Subsequently, on December 1, 1985, three former B&O positions
were abolished. The Organization filed this claim seeking
protective benefits on November 26, 1985. Carrier timely denied
it. Thereafter, on October 14, 1986, Carrier gave notice
changing all starting and stopping positions of Patrolmen to
a new location in Cincinnati. Within 2 weeks Carrier gave notice,
effective November 10, 1986, that five Patrolmen jobs would be
abolished. On October 28, 1986, the Organization filed claim
seeking protective benefits. On October 30, 1986, Carrier
denied the claim.
Thereafter these claims proceeded in the usual manner on
the property. They are now before this Board for adjudication.
The Organization contends that Claimants are entitled to
protective benefits inasmuch as their eventual furloughs were
due to performance of B&0 work by former L&N employees. The
Organization submits that because the criteria of the Implementing
Agreement have been met, specifically, former L&N employees
performing B&O work resulting in the furlough of B&0 employees,
Claimants are entitled to receive protected benefits. For the
foregoing reasons, the Organization asks that the questions be
answered in the affirmative.
Case No. 2
On the other hand, Carrier denies that the terms of the
Implementing Agreement have been triggered. In Carrier's view,
the organization failed to meet its burden of proving that any
adverse effect suffered by Claimants was due to the coordination.
Carrier submits that in fact, Claimants' furloughs were caused
by a decline in business. According to Carrier, employment has
been reduced by 36 percent since 1980; a decline from 74,
205 employees to 47, 515 in the period from 1980 to 1986. For
the foregoing reasons, Carrier asks that the questions be
answered in the negative.
After careful review of the record evidence, this Board
concludes that the questions must be answered in part yes and
in part no. This is true for the following reasons.
First, the Organization has clearly demonstrated that the
three positions abolished on December 1, 1986 and the five
positions abolished on November 9, 1986 were the direct result
of the coordination. The Organization provided numerous work
reports showing former L&N employees to be performing work
previously considered to be B&O work. Thus, this Board is
convinced that Question 1 must be answered "yes" with respect
to Claimants R.G. Condo, W.E. Stumpf and M.J; Bray; and "no"
with respect to J.A. Glascock. Claimant Glascock's position
was not abolished by Carrier, rather Claimant was furloughed
when a senior employee exercised his seniority, for reasons
unrelated to those set forth in the Implementing Agreement.
Case No. 2
Second, the Organization has further proven that although
the five furloughs on November 9, 1986 occurred a significant
time after the coordination, they were in fact, a direct result
thereof. The Organization has produced sufficient evidence
that the coordination and subsequent change of starting and
stopping locations caused the furlough of five former B&0
employees. As to these five senior most Claimants, G.E. Ante,
J.D. Driggers, L.A. Terrell, A.A. Mezzaro, and R.G. Todd, Question
2 must be answered "yes", as to the other two named Claimants,
the question must be answered "no".
Third, as such, Question 3 must be answered "yes" with
respect to the 8 aforementioned Claimants and "no" with respect
to the others whose positions were not abolished as a result of
the coordination. The Organization has met its burden of
proving that the furloughs were due to the coordination and Carrier
has not effectively refuted it.
Accordingly, and for the foregoing reasons, the claims are
sustained to the extent indicated in the Opinion.
Date
Concur
Dissent
Dissent '
Case No. 2
M
iftF:
Scheinman, Neutral Member
140,1,0
4v~
R.P. Hy , Carrier Member
F, ynch, ' anon Member