SPECIAL HOARD OF ADJUSTMENT N0. 17 _ Case dal
MEMBERS OF THE HOARD ,

 C. E. Wheeler
 Organization Member

 C. A. Peacock
 Neutral Member

 Shari E. Cohen
 Carrier Member

 PARTIES ) Brotherhood Railway Carman of United States anc Canaca
 TO
 DIZUTE, ) Norfolk and :western Railway ~o.,Ya.;;

 OTHER APPEARANCES%

 Organization

 Ray Entler
 0. Mier

 QUESTION FOR
 ARBITRATION s

 Carrier

 W. L. Allman
 Go C. Edwards

 Did the Illinois Terminal Railroad Company furlough and dismiss the following employees in anticipation of being merged with the Norfolk and '~lestern Railway Company

 Employee
G. R. Sirtax, Carman Apprentice
 'd. Strickland, Carman Apprentice
 M. Pine, Carman Painter
 C. Lynch, Carman Apprentice
 R. Loyd, Carman Apprentice
 D. Adams, Carman Apprentice
 M. R, itheeler, Carman
 G, Wainer, Carman Apprentice
 W. E, Hagen, Carman Apprentice
 I. G. Cole, Carman
 R. Heilmith, Carman
 R. D. Carver, Carman

 Date Furloughed

February 21, 1981 February 21, 1981 February 20, 1981 February 21, 1981 February ?1, 1981 February 21, 1981 February 24, 1981 March 1, 1981

March 14, 1981 May 13, 1981 May 13, 1981 August 1, 1981




ing mployees in anticipation of merging with the Illinois Terminal
 SBA N0. 17 - Case fl Page two

S. H. Plonk, Jr., Carman
 8. C. Dunaavant, Carman
 J. V. Wellmaker, Carman
 R. A. Calasdbetta, Carman
 G. L. Campbell, Carman
 P. kinder, Carman
 A. J. Slipper, Carman
 J. S. Whitnell, Carman
 V. J. Blond.,, Carman
 J. Coleman, Carman
 H. H. Gerard, Carman
 Eircma. Carman
 x. D. Lynch, Carman

 Date Furloughed
October 30~

 It so, should the Norfolk and Western Railway Company be required to compnts the teat period averages of these employees and apply the benefits set forth la Article I, Sections 5 through 9 of New York Dock conditions, Including the elections contained therein.
 The agreement establishing this Special Hoard of Adjustment was signed by the partisan members November 12, 1982. On December 17, 1982 I, C. A. Pwaook, was appointed by the National Mediation Hoard to sit as Neutral Member of SEA N0. 917.
 The Hoard convened on Februarg 3, 1983 in Roanoke, Virginia at rhloh ties the partisan members were afforded 11111 opportunity to pursue all argmatita relative to their positions, Written submissions had been asohaagad by mail as previously agreed in Paragraph G of the parties' Hoveeeber 12, 1982 Agreement.
 Haokg:ound discussion by both parties reflected concenaus as to events leading up to the application riled by the Norfolk and Western Railway Company in December of 1980, seeking approval with the Interstate Cameros Camrsiaalon to acquire the assets and equipment of the Illinois Terminal Railroad. Subsequently, the application for coordination of operations of NAsyl and IT were approved in finance Docket No. 29455.
 SPA N0. 91,2 - Case $1 Page three

 Vjdch in part imposed protective conditions for employees commonly referred to as Nor York Dock II.
 Organisation argues that carrier was knowledgeable regarding the impending take over long before any official action was instituted for consolidation, and thirteen (13) Carmen were furloughed on October 30, 1978. Further, the IT began furloughing'in February, 1981 and continued uniil twelve (12) additional men were furloughed, `in anticipation of the transaction."

 Carrier states that no furloughs were made for any reason other than in the interest of economy and efficiency of operation during rather depressed economic times. Carrier also reminds the Board the IT Railroad had sustained losses over several years in amounts no small carrier could absorb and continue to operate as a viable railroad, a fiat wall publicised in a variety of trade and financial publications.

make certain reductions in forces in order to avoid "the protective
 conditions commonly referred to as New 'fork Dock II for affected
 smployeesto
 Ta considering all the ^^=dance and an in depth study and review of the tcltmtinous exhibits submitted to this Board, the record indicates that the furlough of the claimants was in the course of normal business practices exercised in depressed economic times, and not in anticipation of the transaction.
 SEA N0. 17 - Case f1 Page four

 DBCISlCtit Question is answered in the negative. Denied.

Wheeler

Organisation Member


February V 1983

C#Xla~c~l

C. A. Peacock
 Chairman and Neutral Member

 Shari 5. Cohen
 Carrier Member