SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES) Southern Pacific Transportation Company
TO ) and
DISPUTE) Hotel and Restaurant Employees and Bartenders International Union
QUESTION
AT ISSUE: Are J. Prevost, Jr., et al., properly classified as "seasonal employes"
as contemplated by Article I, Section 2, of the Mediation Agreement
dated February 7, 1965, and the Interpretation of said Agreement dated
November 24, 1965?
OPINION
OF BOARD: This dispute is presented by Carrier for the purpose of determining
whether claimants herein were properly classified as "seasonal."
The definition of a "seasonal employe" is set forth in the Agreed-upon
Interpretations of November 24, 1965 as follows:
"Question No. 1: What is a 'seasonal employe'?
"Answer to Question No. 1: An employe is a 'seasonal
employe' within the meaning of this section if his
employment during the years 1962, 1963 and 1964 followed
a pattern of layoffs for seasonal reasons." (Underscoring
added.)
Carrier submits that the service provided by the Dining Car Department
is dependent completely upon passenger travel, and that the major
portion of that travel for Carrier is June to September and the
Christmas season. Carrier contends that the work opportunity for a
substantial number of dining car employes is available only during
the summer and Christmas seasons, and that the employment records
follow a pattern of seasonal layoffs.
Accepting Carrier's delineation of what constitutes a peak season
period (which is not objected to by the Organization), we must determine
a factual standard consistent with the language of the Interpretations:
an employe is seasonal "if his employment during the years 1962, 1963
and 1964 followed a pattern of layoffs for seasonal reasons." The
Board interprets the word "pattern" to include not only the months
within one of the given years, but also the relationship of the months
of that given year to the months of the other two years. We agree with
the Organization that the Seattle World's Fair in 1962 is not an
exception in that it occurred during the agreed upon period of Carrier's
"season."
Award No. 312
Case No. H&RE-4-W
Page 2
OPINION
OF BOARD
(Continued):
Applying the standard of a "pattern" of seasonality to include not
only the vertical relationship of months within one year, but also
the horizontal relationship of the years of 1962, 1963 and 1964,
the Board finds that the following employes were not seasonal and
entitled to protection under Article I, Section 1:
J. Arms
N. Bradley
W. H. Bradley
H. Burrell
M. Calhoun
H. Casanave
E. J. Collins
L. Gage
T. Gant
W. Green
J. H. Henderson
A. Hill
D. Jase
T. Johnson
C. A. Smith
J. N. Ross
W. Rogers, Jr.
M. Pitts
L. Troupe
F. Walker
W. Wolfe, Jr.
The Board further finds that the following
and are entitled solely to the benefits of
E. Allen
H. Brown
H. Jones
F. Molo
W. B. Phillips
J. W. Roberts
E. B. Johnson
F. D. Jordan
J. Kendrick
A. Larieau
L. Marion
L. Maxon
J. Mays s
R. McGee
J. A. Merriweather
L. Mitchell
J. W. Moore
V. Myers
C. Palmer
W. Stevenson
E. Simmons
F. Royster
J. Prevost, Jr.
A. G. Parkinson
E. Vantley
K. Webster
M. Polk
employes were seasonal
Article I, Section 2:
E. H. Bernard
C. W. Jones
P. Livingston
E. P. Nelson
Elmore Williams
The formula applied reaches the same result as that reached by this
Board in Award No. 274.
Dated: Washington, D.
July 27, 1972
AWARD
Claimants herein are classified in categories pursuant
to the Opinion herein.
i
Nicholas H. Z um s/
Neutral Member