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' AWARD NO. 488
CASE NO. CL-170-W
BDECIRL B01LRD OF ADUUBTHEN'f NO
605
PARTIES ) Transportation-Communications International
TO THE ) Union
DISPUTE ) and
Belt Railway Company of Chicago
QUESTIONS AT ISSUE:
1. Did Carrier incorrectly calculate the "Decline in
Business Formula" as provided for in the February 7,
1965 Agreement as amended September 9, 1982, on and
after the month of March 1988?
2. If the answer to Question No. 1 is in the affirmative,
shall the Carrier now recalculate said decline in
business for March 1988 and months subsequent thereto
and compensate those employees who were improperly
furloughed and/or denied benefits in accordance with
said Agreement?
OPINION OF
THE BOARD: Except for two, the facts in this case are exactly
the same as the facts underlying Award No. 487.
Instead of patrol employees, the Claimants herein are clerical
workers and their claims began on March 1988, one month earlier
than the claims filed by the class of police officers.
Neither factual distinction warrants an outcome different
from the result we reached in Award No. 487. For the reasons
more fully set forth in Award No. 487, we find that the Carrier
properly applied the Article I, Section 2 decline in business
formula.
Inasmuch as we are denying this case on its merits, we need
not address or consider the Carrier's argument that the claims
are procedurally defective because the organization allegedly
failed to conference some of the claims on the property.
AWARD
1. The Answer to the first Question at Issue is No.
2. The second Question at Issue is moot.
Dated: September 26, 1991
t3-
61r,
John B. LaRocco
Neutral Member
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