SPECIAL BOARD OF ADJUSMNT N0. 605
PARTIES) Brotherhood of Railway, Airline and Steamship Clerks,
TO - ) Freight Handlers, Express and Station Employee
DISPUTE ) and
New York Central Railroad (Western District)
QUESTIONS
AT ISSUE:
(1) Did the Carrier act contrary to the provisions of the
National Employment Stabilization Agreement, when, during
the period of July 17, 1965 to August 23, 1965, they reduced
forces and adversely affected "protected employes" at Fairlane,
Ohio, claiming that a partial shut-down of the Ford Motor
Plant at that point came within the meaning and intent of
Article I, Section 4, of said Stabilization Agreement?
(2) Shall the Carrier now be required to compensate M. P.
Berkmeyer, M. E. Baumann, C. D. Ryan, and W. E. Shively,
for their loss of earnings during this period?
(3) Shall the Carrier also be required to compensate C. D.
Ryan and W. E. Shively in accordance with the Stabilization
Agreement for the days they took as vacation during that
period for the purpose of preserving as nearly as possible,
their normal pay for that period, and that such days be
restored to them as vacation days still to be allowed? .
OPINION
OF BOARD: Prior to the period from July 17, 1965 to August 23, 1965,
the Carrier was alerted that the Ford Motor Company Plant
at Fairlane, Ohio, would substantially reduce its production,
to put into effect retooling operations. Pursuant to such
information, the Carrier abolished the positions of the Claimants herein. In
accomplishing this reduction in force, it relied upon the provisions of Article I,
Section 4, of the February 7, 1965 National Agreement, the applicable portion
quoted hereafter:
"--- a carrier shall have the right to make force reductions under emergency conditions such as flood, snowstorm, hurricane, earthquake, fire
or strike ---"
Hence, the question raised herein is whether a partial reduction in one plant's
operation -- albeit the only industry in the immediate vicinity -- complies with
the specified requirement described above as an emergency condition. The parties
to the February 7, 1965 National Agreement, visualized the problem arising from
an emergency and, therefore, provided that a Carrier shall have the right to
make force reductions. This, however, begs the question, what is an emergency?
Rather than resort to the normal dictionary meaning, they agreed, "such as flood,
snowstorm, hurricane, earthquake, fire or strike?. Does a partial reduction
of production in one plant, under the circumstances herein, fall within the ex
pressed conditions? The answer is apparently' no. We would even apply the rule
Award No. 123
Case No. C1.-3-E
of e-jasdem £eneris which states that where a general statement -- emergency conditions -- is followed by specifics -- flood, etc. -- the specific limits the
gener4l. Hence, it is our conclusion that partial curtailment of production in
the Ford Motor Plant cannot be considered an emergency as contemplated by Article I,
Section 4.
Furthermore, Article I, Section 3, is inapplicable, as there
is no proof of a decline in business in excess of 5% in the average percentage
of both gross operating revenue and net revenue ton miles in any 30-day period.
The Carrier also argues that Article IV, Section 5, is pertinent herein -- furloughed because of a reduction in force resulting from
seasonal requirements. The Carrier alleges that "employees at rairlane were
furloughed during a similar period in the 12 months preceding the date of the
Agreement, February 12, 1965". In response thereto, the organization avers that
this is the first instance in which the Carrier has raised this defense. This
argument was not raised on the property, nor is there any substantiation of such
on the part of the Carrier.
41e believe the Organization's contention that the Carrier has
merely alleged a statement without supporting its allegation, is well taken.
lie recognize that on this aspect, the Carrier has the burden of proof and it has
failed to furnish one iota of evidence to support such contention.
Questions at Issue No. (3).
Lastly, we do not find any basis to support the Organization's
Award
The answer to question (1) and (2) is in the affirmative.
The,anewer to question (3) is in the negative.
i
- Ge l
Murra
M.
Rohman
Ne~l Member
Dated:
Washington,
Me
August 7, 1969