SPECIAL BOARD OF ADJUSTMENT 1016
Case No. 192
Award No. 192
PARTIES TO DISPUTE: BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYEES
-and
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier recalled junior employe (sic)
E. L. Harrell to perform snow removal service in the Washington D.C. area
on January 10 through 19, 1996, instead of recalling senior employe (sic) R. J.
Minnier to perform said work.
(2) As a consequence of the violation, Mr. R. J. Minnier shall be compensated for
all wages paid to the junior man January 10 to January 19, 1996, with any lost
credits and/or benefits normally due to be allowed him.
FINDINGS:
This Board, upon the whole record and all the evidence, finds as follows:
That the parties were given due notice of the hearing;
That the Carrier and Employees involved in this dispute are respectively Carrier
and Employees within the meaning of the Railway Labor Act as approved June 21, 1934;
That this Board has jurisdiction over the dispute involved herein.
The material facts that led to this claim are not in dispute. On or about January 8,
1996, Conrail's Harrisburg Seniority District experienced a significant snowstorm Over
30 inches of snow fell in a 24-hour period on the east coast. The Carrier recalled
Trackman E. L. Harrell from furlough to remove snow in the Washington D.C. area.
Trackman Harrell worked from January 10 through January 19, 1996, on snow removal
work.
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a
On February 29, 1996, the Organization filed a time claim on behalf of the
Claimant, a furloughed Trackman on the Harrisburg Division. It is the Organization's
position that the Claimant was senior to Trackman Harrell on the Harrisburg Division and
therefore he should have been recalled from furlough before Mr. Harrell. The
Organization requested that the Claimant be made whole for the wages earned by the
junior employee from January 10 through January 19, 1996, less his earnings after
January 15 when he was recalled to service.
The Carrier denied the time claim contending that it experienced an emergency
situation when a severe snowstorm devastated the Eastern territory of its system. Conrail
maintains that because of this emergency it had the latitude to use available personnel to
return its territory to service.
Under ordinary circumstances, Rule 3, Section 4(a), of the BMWE-Conrail
Agreement requires the Carrier to fill temporary vacancies with the senior qualified
employee in the seniority district. There is no question that the Claimant was qualified to
perform snow removal work. He and employee Harrell were both Trackmen on the
Harrisburg Division in January 1996.
This Board recognizes that in an emergency management has wide latitude to
assign employees in order to return operations to normal as quickly as possible.
Nevertheless, even with this wide latitude, a carrier is obligated to make a reasonable
effort to contact the proper employee(s) who are entitled to the work. In the instant case,
Conrail did not fulfill that obligation.
There is no evidence in the record before this Board that the Carrier made qPY
effort to contact the Claimant for the snow removal work in Washington, D.C. It is
noteworthy that he and Trackman Harrell both resided in Harrisburg, Pennsylvania in
January 1996. Why the Claimant was not offered this temporary work, as the senior
furloughed qualified employee, was never explained.
It is immaterial whether the Claimant ordinarily and customarily performed snow
removal during his workweek or workday under the circumstances of this case. In our
view, he had as much claim to this work as employee Harrell. As noted previously, the
Claimant and Mr. Harrell were both Trackmen on the Harrisburg Division. As the senior
furloughed qualified employee on the seniority district the Claimant should have been
offered the temporary work given to Trackman Harrell.
In its time claim, the Organization requested that the Claimant be made whole for
the wages earned by Trackman Harrell from January 10 through January 19, 1996, less
wages the Claimant earned subsequent to January 15 when he was recalled from
furlough. The Carrier never took exception to this requested remedy. Therefore, the
claim must be sustained as presented.
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513 A 101 b
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AWARD: Claim sustained.
Carrier is directed to make the within Award effective
on or before thirty (30) days from the date hereof.
Robert M. O'Brien, Neutral Member
r~
Roy C Robinson, Employee Member
Demos L. Kerby, Carrier Member
Dated:
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