FRANK L. NOAKES
 SECRETARY-TREASURER
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

                12050 WOODWARD AV E., DETROIT. MICHIGAN 98203

                OFFICE O·

                PRESIDENT

                    FILE SBA #605

                    January 13, 1970 General


    Mr. J. J. Berta

    704-06 Consumers Building

    220 South State Street

    Chicago, Illinois 60604


    Dear Brother Berta:


Re: Awards of Special Board of

Adjustment No. 605


    For the completion of your records, I am enclosing signed copies of Awards Nos. 164 through 177. A copy of Award No. 169, with appropriate transmittal letter, will be sent to General Chairman A. Farro.


            With best wishes, I am


                          Sincerely and fraternally yours,


                                    .


                                  president


    Enclosures


      ~d

s.

 .; C. 01= I
 LIN* · Chairman
 F,.,_,iay Labor Bu;lding o Suite 804
 ,·.:;~ First Street, N.W. · Washington, D. C. 20001
 Code 202 RE 7-1541

 cc: Mr. L. P. Schoene
 Mr. F. T. Lynch

 GEL/np

 John J. fdcNamara - Treasurer
 Fifth Floor, VFW Building
 200 Marylon-' P.vo., N.E. · Washington, D, C. 20002
 Code 202 547-7540

 January 5, 1970

 Mr. C. L. Dennis
 Mr. fi. C. Crony
 Mr. A. It. Lawry
 Mr. C. J. Chamberlain
 Mr. R. tJ. Smith

 Dear Sirs and Brothers:

        Subject: Dispute Committee No. 605 Awards 164 through 168 (Signalmen Cases)


I am enclosing herewith copies of Awards Nos. 164 through 168 signed by Referee Friedman on December 8, 1969. Both the carrier representatives and the organization representatives reserved the right to dissent on some of these Awards but I doubt that any dissent will be written. If there are you will be supplied with copies of the dissents.

 Chairmav \1 a
 Five Cooperating Raiy Labor Organizations
                      2:r1WT'cD 170.

                      Casa No. SG-27-E


SPECIAL BOARD OF ADJUST_%f,,,,NT NO. 605
P:.R`hIES ) New York, Susquehanna and Western Railroad Cc.:~nany
 TO Try ) and
 DISPUTE ) Brotherhood of Railroad Signalmen

 ISSUE.': Claim that Crier improperly abolished
 positions held by Assistant Signalman
 William Penc, Assistant P.iaintai ner
 Edward Niewegloi%lski and Signalman
 James T. Walsh, and should now be
 required to allow them all compensation
 and other benefits due under the provi
 sions of the February 7, 1965 Agreement.
 OPINION Although a time-limit issue arising out o° 'his
 OF BOARD: claim has been submitted to the Third Division
 by the Employer, the Employer stipulate that they
 do not seek double compensation. In any event, the
 matter is before this Committee on its merits and not on tae time
 limit question.

 The three Claimants are protected employees. They were furloughed without compensation at different times during the first half o£ 1968. Carrier's defence was that a decline in business and a weak financial position necessitated these actions.

 However, Article I, Section 3. which permits a ,reduction in the number of protected employees, provides a specific method for calculating the allowable percentage reduction. These procedures were not followed by Carrier. Indeed. Carrier submitted none of the calculations specifically required by Article I, Section 3.

 Under the February 7, 3965, Agreement, Carriers are not permitted to lay off protected employees without ecm.easation simply because business has fallen off, unless the average percentage decline "of both operating revenue and net revenue ton miles in any 30-day period" has exceeded 5% "compared with the
 average of the same period for the years 1963 and 1964."Then,
                                    A;·yfm No. ~

                                    Case No. SG-27-2


and only then, under this provision employees may ba laid off commensurate with that percentacfa decline. Having= utterly failed to comply with this method by which there may be a reduction in force of protected employees, Carrier h,d no contractual authority to furlough the Claimants.

                        A S? A R D


              Claim sustained.


                          Milton Friedman Neutral Member


Washington, D. C. December g' , 1969

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