In the Matter of Arbitration
Between
Brotherhood of Railway Carmen
And
Southern Railway Company
OPINION AND AWARD
BACKGROUND:
I.C.C. Finance ::ccket
No. 29455
On March 25, 1982, the Interstate Commerce Commission (ICC) approved the coordination of operations of the Norfolk and Western Railwa.
Company (.1W) and the Southern Railway Company (SR) and imposed the
New York Dock Protective Conditions. The parties to this dispute subsequently agreed upon an Implementing Agreement on May 7, 1982, pursuanto Article I, Section 4, of the New York Dock Conditions, providing a
procedure and terms applicable to future transactions covered by such
conditions.
On January 17, 1984, the Carrier served notice that certain reconditioning of freight car truck bolster work would be transferred
from SR's Coster and Hayne Shops to NW's Roancke Shops.
On February 8, 1985, the Carrier served notice that the repair
of certain SR damaged boxcars and hopper cars would be taken from.
Hayne Shops and assigned to 17.4's Brewster, Ohio Shop.
On March 15, 1985, notice was served that sixty to seventy o=
SR's coil steel cars would be taken to 1,tW's Brewster Shop -~r genera- l
repair work rather than the Coster Shop.
On December 17, 1985, the Carrier served notice
that
cent-aiz :pork
would be transferred from SR's Hayne
Shop
to ::r:'s
Brewster
3.^.d
-7.~ancke
Shops;
from NW's Roanoke
to SR's
Hayne Shop; -from SR's Coster s'l-.cm to
NW's Brewster, Roanoke and Norfolk
Shops,
and from NW's Roancka Shop
to
SR's Coster Shop.
Beginning in May 1985 and
running through
January 1986, certain
Carmen stationed at.Hayne Shop, who had been furloughed after :arch 25,
1982, filed for protective benefits under the New York Dock
Ccnditions.
After the claims could not be satisfactorily resolved, the parties
established this arbitration committee in accordance with Section 11
of the New York Dock Conditions to settle the dispute.
The question at issue is:
Are the following
-employees entitled
to the protective benefits
of the New York Dock Conditions as a result of the
transfer of
certain wore rpm t
Fe
Southern Railway Company to the Norfolk
and
Western Railway Company on February 8, 1985, March 15, 1985 and
December 17, 1985:
R. M. Lyles J. R. Jolley J. W. Genobles
T. Burch J. K. Miller M. W. Dean
J. T.
Jennings B
. W. Landrum S. A. Owens
J. W. Jamison J. L. McIntyre G. L. Hollis
F. E. Watkins D. R.
Hembree J
. G. Horn
R. D. Lanford C. Hawkins D. O. Poteat
R. F. Loflin L. A. Parker M. J.
Brannon
J. F. Taylor H. M. Williams L. G. Smith
S. E. Burnette G. Melton C. T.
Senn
M. L. Ballenger R. Hunnicutt J. S. Parris
F. DeGraffinreid W. L. Toland R. Y. Seay
FINDINGS: The Organization, at great length
in
the record and with
considerable vigor before us, contends that the changes in the Claimants
employment status came about largely because of the effects of the last
three notices cited above. It maintains that the transfer of work, as
earlier described, constituted a "transaction" as defined in Ne,.i Ycrk
Dock and because of the transactions, the Claimants were deprived of
of work and subsequently furlcughed.
The Carrier, also supporting its contentions with numerous exhibits and with considerable ability before this Board, maintains that
the Organization has not established that the furloughes in question
were the result of a "transaction". It contends that the Claimants
were furloughed as a result of a lack of available work on boxcars
resulting from a decline in the demand for boxcars that came about because of a decline in the Carrier's business.
After a careful review of the entire record and after consideration
of the respective arguments of the parties, we conclude that the claims
cannot be sustained. The evidence reveals that certain amounts of work
were transferred between SR and NW locations. Given the movements of
work to various locations, the employees conclusions that their furloughs came about because of the shifting of work clearly is understandable. Nonetheless, even though understandable, the Organization
has failed to provide probative evidence to establish that the transfer
of the work from Hayne Shop caused the furloughs of the Carmen who are
a party to this claim. On the contrary, the Carrier has shown that
there was a significant decline in the use of boxcars (fewer
loadings)
which had a direct impact on the amount of boxcar maintenance project
work at Hayne Shop. Moreover, the Board observes that during 1984
there were over 37,000 surplus boxcars in storage, a number which rcse
to over 46,000 in 1985. These data provide further substance to the
Carrier's
contentions that
the core reasons for the Claimants' furloughs was a decline in the Carrier's business.
In summary, the Organization has failed to establish a "causal
nexus" between the "transactions" and the adverse effect (the furlo`=s
of the Claimants) in this case. t-:e find sufficient evidence that the
furloughs were caused by a reduction of the amount of work available
for Carmen at Hayne Shop because of a decline in boxcar business.
Accordingly, we must deny the claims.
AWARD
The claim at issue is denied.
Edwards Ecke and Mu ssig
Carrier Member Neutral Member
.e.
I -4"A
R. P. Wojtow
Organization !ember
Dated: 46elo4zx
H'/988