In the Matter of Arbitration
Between
Southern Railway Company
And
international Brotherhood of Boilermakers,
Iron Ship Builders, Blacksmitha, Forgers
and Helpers
QUESTION AT ISSUE:
FINDINGS AND AWARD
Are D. L. Haven and G. L. Galbreath entitled to a
"dismissal allowance" under the _New York Dock
protective conditions as the result of their
furlough on September 6, 1985?
BACKGROUND:
The two Claimants in the case before the Board occupied
Boilermaker positions in the Carrier's Atlanta Diesel Shop. On
September 5, 1985 they were furloughed. This is the action which
triggered the claim now to be resolved.
Prior to their furlough, the Norfolk Southern Corporation had
obtained approval on March 19, 1982 to take control of the Norfolk and
Western and the Southern Railways. The approval order included the
requirement that _New York Dock Conditions apply.
In accordance with the normal procedure, the Parties executed an
Implementing Agreement on January 25, 1982. This document provided the
particulars of the coordination of certain work and the conditions set
forth in New York Dock.
The two claims were submitted to the Carrier by letter dated
September 12, 1988. Following an exchange of correspondence, it became
clear that the main basis for the claims was the contention that certain
repair work of Atlanta based locomotives, as well as modification of
some locomotive toilet systems, had been done in the Carrier's Roanoke
Shop rather than the Atlanta Shop. The Claimants contended that this
deprived them of work and resulted in their furlough. Because the
parties could not agree on .a resolution of the claims, it was properly
progressed to this Arbitration Committee.
FINDINGS: The Board has carefully reviewed and considered the submissions of the parties, the record developed on the property as well
as the various holdings on which the parties have relied. The Carrier,
as a threshold matter, contends that these claims were not filed in a
timely manner. The Claimants waited about three years after the occurrence of the events upon which their claims are based before they were
submitted to the Carrier. Certainly, the doctrine of Laches has been
recognized in this industry as well as by other arbitral precedent to
bar claims filed beyond a reasonable time period. The theory underlying the Laches doctrine is that the failure to litigate a claim presently by deferring action until some unspecific but distant time in
the future result in bias or prejudice the party against whom the claim
is ultimately filed. The purpose of Laches is to bar the submission of
stale claims. Clearly, in employee protective matters, it is critical
that claims be filed without delay. In the cases at hand, and while
we have fully considered the General Chairman's agressive and skilled
comments before us, the Claimants' failure to act in a timely manner
precludes consideration of the issue at hand.
It is to the benefit of both parties to initiate and process
claims in a expeditious manner. Often times there is a period of uncertainty with respect to the movement of work between shops following
mergers: and, at times, this results in gradual, incremental changes.
As a consequence, it may well be difficult to clearly identify the
specific time at which the claimed adverse effect become apparent. in
other words, there may be a gradual erosion of work which is not readily apparent or easily identified. However, such was not the case here.
The Claimants were furloughed on September 6, 1985. As of this date,
they state they were placed in a "worse position". One of the Claimants
signed his claim on July 20, 1988. The other Claimant signed on Aagust
15, 1988. They gave no reason for waiting almost three years from the
time that they claimed to have been put in a "worse position" until the
claims were filed. In the circumstances that we find here, such a delay
was unreasonable. Therefore, the Hoard finds that the claims are barred
AWARD
As specified in the Findings.
C.
C
G. C. C.
Edward
Ec r Mues g A a M. Scheer
Carrier Member Neutral M er organization member
Dated:
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