PARTIES TO DISPUTE:
NEW YORK DOCK
Case No. 1
Allied Services Division/BRAC
VS.
The Chesapeake and Ohio Railway Company
QUESTION AT ISSUE:
"Has the consolidation of the Baltimore and Ohio Railroad
Company and Seaboard System Railroad (former L&N) property
protection functions within the existing terminal limits of
the respective properties in the Greater
Cincinnati, Ohio
yard,
effective
June
18, 1984, caused
an
adverse effect, as contemplated
by New York Dock
Conditions, and
thereby placed 13 B&O employees
in a worse position with respect to compensation."
OPINION OF BOARD: The relevant facts of this claim are not in
dispute. On or about June 18, 1984, Carrier coordinated the
B&0 and the L&N at Cincinnati, Ohio. As a result, five former
L&N employees became B&O employees. It was agreed by the parties,
on February 17, 1984, that the L&N employees
transferring to
the
B&O would have their seniority "dovetailed with present B&0
employees."
On August 19, 1985, the Organization filed claim alleging
that Carrier was required to calculate the protected rate of
pay for 13 former B&O employees as of June 18, 1984, and that
Carrier provide a displacement allowance to the 13 employees which
the Organization alleged to have been adversely affected by the
consolidation. Carrier timely denied this claim. Thereafter,
it proceeded in the usual manner on the property. It is
now
before this Board for adjudication.
The Organization submits that Claimants were adversely
affected by the consolidation because they are
no
longer at the
Case No. 1
top of the seniority ladder. Five L&N employees with greater
seniority are now B&O employees, according to the Organization.
As such, the organization submits, Claimants have lost wages
attributable to overtime now monopolized by former L&N employees.
In the Organizations view, the only way to determine adverse
affect is to calculate Claimants' protected periods and compensate
those Claimants presently earning less. For the foregoing reasons,
the Organization asks that the Question be answered in,the
affirmative.
Carrier, on the other hand, argues that Claimants suffered
no adverse effect. Carrier points out that the Organization agreed
that seniority would be dovetailed between the L&N and the B&O.
The organization can not now claim, according to Carrier, that
merely because the senior employees are given priority as to
overtime opportunities, that Claimants have been adversely affected.
Carrier further contends that any actual adverse effect to
Claimants resulted from decline in business and other causes,
not from the consolidation. In Carrier's view, the Organization
has failed to prove any direct casual relations between the
consolidation and the alleged adverse affect. For the foregoing
reasons, Carrier asks that the question be answered in the negative.
After careful review of the record evidence, this Board
is convinced that the claim must be denied. This is true for
a number of reasons.
Case No. 1
First, the Agreement of February 17, 1984, is clear. It
provides that seniority of the former L&N employees would be
combined with the more junior B&0 employees. Overtime work is
awarded on a seniority basis similar to bid positions. Thus,
the unequivocal language if the Agreement demonstrates that
Claimants were not improperly denied overtime. Under these
circumstances, Claimants were not adversely affected by the
coordination.
Second, this case is substantially identical to the situation
addressed in PLB 3716, Case No. 2. In that claim, Carrier had
consolidated W.M. and B&O Patrolmen's work functions. It was
agreed that W.M. employees would be dovetailed with B&0 officers.
Subsequently the claimant and a higher seniority former W.M.
employee bid for a position. The claimant, having lost, sought
protective benefits. The claim was denied because the failure
of the claimant to obtain the position was due to a lack of
seniority, not directly attributable to the consolidation.
Similarly, in the instant claim, it was agreed that Claimants'
seniority, as B&O employees, would be dovetailed with the senior
former L&N employees. As a result, overtime was consistently
awarded to the former L&N employees with greater seniority.
Clearly, as in the above award, Claimants were not adversely
affected, but rather were not awarded overtime because they
lacked seniority.
Case No. 1
Accordingly, and for the foregoing.reasons the questions
presented must be answered as follows:
1. As a result of the June 18, 1984 Carrier effectuated
coordination between the B&O and L&N police officers
at
Cincinnati, Ohio,
is the Carrier required to
determine the protected rates of pay for:
K. G. Myers
P.E.
Johnson
J.D. Dugger
L.A. Terrell
A.A. Mazzaro
G.E. Ante
M.J. Bray
P. D. Pearl
D.L. Camper
R. G.
Todd
M. J. Bohler
R. E. Condo
E.E. Stumpf
in order to determine if they are entitled to a displacement
allowance? - No.
2. If the answer to the above question is in the
affirmative, is the Carrier required to pay any and
all Claimants a displacement and/or dismissal
allowance if their average monthly compensation is
less than their protected rate for the duration of
their protective periods? - No.
Case No. 1
atel· rtin F. Scheinman, Neutral Member
Jo
t~
Concur
Dissent .R P. Byers, arrier Member
Date
Dissent
Concur
F. ync , 'zation member