NATIONAL RAILWAY LABOR CONFERENCE
7225 CONNECTICUT AVENUE, N.W.. WASHINGTON, D. C. 20026/AREA CODE: 202-659-9120
WILLIAM H. DEMPSEY, Chairman 61. E. PARKS. Vice Chairman W. S. MACGILL, Assistant to Chairman
JAMES A. W ILCOX, General Counsel H. E. FREER, Director of Research J. P. GRIFFIN. Administrative Secretary
July 28, 1972
Mr. Milton Friedman
850 - Seventh Avenue
New York, New York 10019
Dr. Murray M. Rohman
Professor of Industrial Relations
Texas Christian University
Fort Worth, Texas 76129
Mr. Nicholas H. Zumas
1225 - 19th Street, N. W.
Washington, D. C. 20036
Gentlemen:
This will supplement our previous letters with which we forwarded
to you copies of Awards of Special Board of Adjustment No. 605 established
by Article VII of the February 7, 1965 Agreement.
There are attached copies of Awards Nos. 310 to 319 inclusive,
dated July 27, 1972, rendered by Special Board of Adjustment No. 605.
Yours very truly,
~ w.
1/'
cc: Messrs.
G. E. Leighty (10)
R. W. Smith (2)
Lester Schoene
C. L. Dennis (2)
C. J. Chamberlain (2)
M. B. Frye
H. C. Crotty
.~..~ J. J. Berta
. Z. Placksin (2)
T. A. Tracy (3)
W. S. Macgill
M. E. Parks
J. E. Carlisle
W. F. Euker
T. F. Strunck
Award No. 310
Case No. H&RE-2-E
SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES) Hotel and Restaurant Employees and Bartenders International Union
TO ) and
DISPUTE ) Delaware and Hudson Corporation
QUESTION
AT ISSUE: The question at issue is whether a protected employee may be furloughed
by the Carrier where there is neither a decline in the Carrier's business
nor any emergency conditions as set forth in Sections 3 and 4 of Article
I of the Agreement.
OPINION
OF BOARD: The foregoing Question at Issue was submitted by the Organization in
August 1966.
No submission was filed with the Disputes Committee until November 1971.
In the interim there was a protracted exchange of correspondence between
the General Chairman and Carrier's Director of Labor Relations, its highest
designated officer. There was no intermediate handling, despite Carrier's
contention that monetary claims in behalf of individual employes must be
"handled in the usual manner."
The organization rejected this contention. In early correspondence it
took the position that "we are not filing individual claims, whereby the
basic agreement would have precedence." Rather, the Organization asserted
that:
"Disputes as to the non-application of this agreement
or as to the interpretation thereof is between the highest
officer of the carrier designated to handle disputes and
the General Chairman of record."
As noted earlier, the original Question at Issue was submitted in
August 1966. In December 1967 this Board in Award No. 17 had before it
virtually the identical question originally presented here. It answered
the question in the affirmative, namely, that Carrier had the right to
furlough a protected employe where there is neither a decline in
Carrier's business nor any emergency conditions. The Board went further
to hold that a furloughed protected employe does not suffer any suspension
of benefits under the circumstances.
Subsequently, and in its Submission of November 1971, the organization
took the position that in light of Award No. 17 (decided a year and four
months after the Question at Issue was originally submitted), there should
be considered by this Board what the Organization characterizes as the
"Real Issue in Dispute," namely whether Claimants are entitled to
compensation.
1/
1/ The early contention that no individual claims had been filed was
abandoned. The organization now claims that its June 15, 1966 letter
clearly indicates that individual monetary claims were in fact filed.
Award No. 3101
Case No. H&RE-2-E
Page 2
Vow
OPINION
OF
BOARD
(Continued): Carrier asserts that 1) only the original Question at Issue is before
this Board and was determined in Carrier's favor, and 2) even if the
Board should consider the revised question, such question is subject
to the time limit rule and must be handled in accordance with that
rule under the schedule agreement between the parties.
The salient issue in this dispute may be stated as follows: If a claim
is made regarding the meaning or interpretation is taken up with the
highest officer, can a related and ancillary compensation claim be
also considered directly with the highest officer without being subject
to the time limit and other rules governing the handling of grievances.
The Board holds that it cannot.
To hold that the filing of a claim for an interpretation of the
provisions of the February 7 Agreement would waive the requirement
of timely processing of related compensation claims would render the
Interpretations regarding HANDLING OF CLAIMS OR GRIEVANCES meaningless.
As was stated in our Award No. 131: "Practically, there is no reason
why a money claim, whether or not it requires an interpretation of
the Agreement, should not be filed in accordance with the rules, * *."
AWARD
Claim dismissed.
A 'vj.,.,
\S_
i
' L (L.'y
;'. - ~~ j/
icholas H. Zuma
Neutral Member
DATED: Washington, D. C.
July 27, 1972