PUBLIC LAW BOARD NO. 2960
AWARD NO.
/41
PARTIES TO DISPUTE
Brotherhood of Maintenance of Way Employes
and
Chicago and North Western Transportation Company
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it
assigned employes from Seniority District B-8 to
perform work on Seniority District B-3.
(2) Seniority District B-3 B&B employes J. D. Norden,
W. J. Borden, K. Sudano, W. K. Weitzel, R. J.
Palley, H. T. Harbers, D. C. Reagan, R. L.
Jadsall, J. F. Pribble, J. J. Job, J. M. Naughton,
R. D. Davis, J. A. Pope, S. J. Smith, T. S.
Templeton, R. J. Di11in, B. D. Asselin and R. H.
Greul shall be compensated for an equal and
proportionate share of the 1,006 hours' straight
time rate and 509hours' time and one-half rate
expended by Seniority District B-8 employes."
OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaningof the Railway Labor Act, as amended, and that the Board has
jurisdiction over the dispute involved herein.
The basic facts are undisputed. The Carrier utilized
B&B personnel from District B-8 to assist District B-3 B&B
personnel in the installation of a new station platform.
The platform at the Glen Ellyn, Illinois station needed
O9&0 -lyl
replacement and the Carrier needed to perform the work prior to
the start of inclement weather. Construction work began on
November 11, 1985 and continued through to December 6, 1985.
Also, commuters continued to use the station during the
construction.
It is also undisputed that the B-8 employees worked in the
B-3 District for less than thirty days. There were no
furloughed B&B personnel in Seniority District B-3. All other
crews on District B-3 were employed on other projects.
Even so, the organization argues that the Carrier could
have postponed the work the other B-3 crews were doing and
assigned them to the station project. It is maintained, that
these other projects could have been completed later. In not
doing so, the Union argues the carrier denied work
opportunities to the Claimants. For instance, some of the
Claimants were furloughed shortly after the station project and
under the Union's theory, would not have had to be furloughed.
This case involves the application of Rule 11(b) which
reads as follows:
RULE 11 - TRANSFERS
"(b) An employe may be temporarily transferred by the
direction of the Company for a period not to exceed six
(6) months from one seniority district to another, and
he shall retain his seniority on the district from
which transferred. Such employe shall have the right
to work temporarily in his respective rank on the
district to which transferred, if there are no
qualified "available" employes on the district. The
six (6) month period may be extended by agreement
between the Company and the General Chairman. When
released from such service the employe shall return to
his former position."
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This rule has been subject to claims before which have been
sustained on the basis of lost work opportunities when a
crew from a seniority district is transferred across
seniority district lines.
However, under the circumstances of this case, the claim
cannot be sustained. The urgency of finishing the station is a
significant factor. Moreover, while some of the other work
could have been postponed by admission of the Organization,
some of it could not, (see p. 7 of Employees Exhibit A-6).
When this is considered, along with thefact that only 2 of the
17 Claimants were furloughed at all during the winter in
question, we are not convinced that the Carrier's action caused
any of the Claimants to lose any work opportunities.
AWARD:
The claim is denied.
Gil Chairman
n M. Raaz D. Ey. Bartholoma
rrier member Employe Member
Dated.
")7
1997
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