SPECIAL BOARD OF ADJUSTMENT NO 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employes
DISPUTE ) and
St. Louis-San Francisco Railway Company
QUESTIONS
AT ISSUE:
(1) Did the Carrier violate the provisions of the February
7, 1965 Agreement particularly Article 1, when extra list
employes were designated as "furloughed" employes for the
purposes of the February 7, 1965 Agreement?
(2) Shall the Carrier now be required to restore the sixty
six (66) named employes in Employes' Exhibit No. 1 to the
status of protected "extra list" or "extra board" employes
rather than "furloughed" employes and reimburse them
accordingly?
OPINION
OF BOARD: Although the submissions by both parties in the instant
matter are voluminous, the nub of the issue is whether the
Claimants named therein are on the extra list, or furloughed,
employees. The Carrier argues it
"does not have such extra boards*for employees in the clerical class
or craft in the traditional understanding and application of that term
in this industry. All unassigned clerical employees of this Carrier,
including the Claimants involved in this dispute, are in no sense o:
the word extra board employees. Instead, they acre furloughed employees
in every sense of the word ---.".
In support of its argument, the Carrier cites Rule 1-Scope, Rule 2-Definition
of Clerk, Rule 4-Seniority Groups, Rule 5-Seniority Districts, and a system
map.
What does the organization cite to support its contention
that the Claimants herein are extra list employees and not furloughed?
Rule 24- Reducing Forces -- specifically includes the phrase
e-;tra list.
Rule 25- Seniority Rosters -- specifically includes the phrase extra board.
Rule 27- Positions Abolished -- again extra board is contained therein.
Rule 11- Former Position Vacant -- has extra list included. Especially
stressed by the organization is
"Rule 21- Reducing Force: Understanding: Means after actually displaced employe who is unable to displace a junior employe or who does
not assert displacement rights within the prescribed time limits shall
be considered as on the extra list."
Award No. 125
-2- Case No. CL-21 :d
Similarly, Rule 21 (b) and (c) contains the term extra list, as sell as Rule
22. How many more times is it necessary to include the term extra list or
extra board before this Carrier will take cognizance that such terms are in
cluded in its effective Agreement? What puzzles us though, is the Carrier's
insistence that such extra boards do not exist in the traditional understanding
of that term in the industry. -
Article I, Section 1, of the February 7, 1965 National
Agreement contains the term "extra employees on extra lists pursuant to agreements or practice --- and where extra boards are not maintained ---." Thus,
the National Agreement recognized both extra lists or extra boards. Further,
the effective Agreement on the property is replete with references to extra
lists or extra boards. In this context, we are compelled to accept the language as agreed to by the parties and as traditionally used in the industry.
Hence, it is our conclusion that the Claimants herein are on the extra list and
not furloughed employees.
Inasmuch as the parties have made no effort to reach agreement on the property as to the status of the 66 Claimants herein, we are remanding the matter back to the property. The purpose of such remand is solely
to determine the individual status of the Claimants in the context of our
decision.
Award
Answer to question (1) is in the affirmative.
Question (2) is remanded back to the parties for the purpose
of determining the status of the individual Claimants predicated on the answer
to question (1) .
` cGG
Murray M. Ghm~n
'v
Neutra ember
1
Dated:. Washington, D.C.
August 7, 1969 ' -
INTERPRETATION OF AWARD N0. 125 - CASE N0. CL-21-W
SPECIAL BOARD OF ADJUSTENT N0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employes
DISPUTE) and
St. Louis-San Francisco Railway Company
This has reference to dispute between the parties with
respect to the proper interpretation of Award No. 125,
Docket CL-21-W, the petitioner, Brotherhood of Railway,
Airline and Steamship Clerks, Freight Handlers, Express
and Station Employes, hereby requests the Disputes Com
mittee to issue an official interpretation thereon.
The questions initially submitted to the Board were as
follows:
"(1) Did the Carrier violate the provisions of the
February 7, 1965 Agreement particularly Article I, when
extra list employes were designated as 'furloughed' em
ployes for the purposes of the February 7, 1965 Agree
ment?
°(2) Shall the Carrier now be required to restore the
sixty-six (66) named employes in Employes' Exhibit No.
I to the status of protected 'extra list' or 'extra
board' employes rather than 'furloughed' employes and
reimburse them accordingly?"
OPINION
OF BOARD: The question presented to us in the original submission
required an analysis as to whether the Claimants therein
were considered to be on the extra list or extra board as
contrasted with a furloughed status. In our Award No. 125,
dated August 7, 1969, we determined that they were designated as being on
the extra list or extra board category. Our award, thereafter, remanded
-the matter to the property "for the purpose of determining the status of
the individual Claimants predicated on the answer to question (1)." We
would add further that the last sentence in our Opinion stated, as follows:
"The purpose of such remand is solely to determine the individual status of the Claimants in the
context of our decision."
Thereafter, the parties requested an interpretation of our
original Award. Specifically, the Carrier argues that inasmuch as question
(2) in the original submission was phrased as follows:
"(2) Shall -the Carrier now be required to restore---."
Award No. 125
Case No. CL-21-W
_ 2
hence, the applicability of our Award, could only be effective as of the
rendering of such Award No. 125--namely, August 7, 1969.
We cannot recall a single instance where such' an interpretation has ever been previously placed upon an award. We repeat, our
intent in remanding the matter to the property was solely for the purpose
of determining the individual status of the Claimants. We did not intend
said Award to be considered effective only as of the date of its execution. Nor did we intend to provide compensation for an individual who
had previously resigned or retired. Our language was not susceptible to
such interpretation and neither was the phraseology contained in the question at issue. It was our manifested intent that the award would be applied to those claims which the parties, on an individual basis, determined were proper. In essence, the purpose of said Award was to require
the Carrier to compensate those Claimants, based upon their individual
status, as of the date of their original claim and not as of "now"--the
effective date of the Award. '
We are, therefore, again remanding the matter back to the
property and fully expect the parties to make a determination as to the
individual status of the Claimants, consistent with our intent.
Award:
The matter is again remanded back to the property, consistent with our intent, as reflected in said Opinion.
7
/Murray M.( ohman,
Neutral Member
Dated: Washington, D. C.
August 4, 1971