SPECIAL BOARD OF ADJUSTMENT NO. 924
Award No.
)a3
Docket No. 113
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it failed to give at
least five (5) working days' notice to Claimant Connick, et al.,
prior to the abolishment of their positions at the close of work
on May 3, 1985. (Organization File 4LF-2072 T; Carrier File 8185-182]
(2) The Claimants shall be compensated at their applicable straight
time rate of pay for eight (8) hours each per day for each day
from May 6, 1985, through May 10, 1985, or in the alternative,
Claimants shall be compensated the difference in pay if employed
at a lower rated position May 6 through May 19, 1985."
FINDINGS:
Claimants D.J. Connick, E.P. Dominguez, R.A. Winter, J.A. Bliley,
D.D. Jensen, R.P. Harkrider, and D.E. Rice were employed by Carrier at
its Track Reclamation Center in Council Bluffs, Iowa. On May 3, 1985,
Claimants were notified that their positions were abolished as of the
end of work that day. The Organization thereafter filed a claim on
Claimants' behalf, contending that carrier did not give Claimants
proper advance notice that their positions were being abolished.
This Board has reviewed the evidence in this case, and we
find that the Organization has presented sufficient evidence to
support its claim that the Carrier violated Rule 12 by failing to give
the organization five (5) days' notice of the abolishment of the
positions. There was no such emergency as is contemplated in Section
(c) of the rule. The carrier, by its own admission, was aware of the
stricter crane boom safety standards on April 26, 1985, and, yet, took
the immediate "emergency" action on May 3, 1985. The Carrier had the
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time to give the employees the five (5) day notice in that regard.
Once this Board has found that a claim should be sustained,
we next turn our attention to the type of relief sought by the
Organization. The record indicates that all but Claimant
Dominquex lost no pay as a result of the abolishment. Therefore,
although the claim must be sustained, monetary relief is only ordered for Claimant Dominquez.
Award:
Claim sustained in part. The Carrier violated the rule in
question. However, monetary relief is only ordered for Claimant
Dominquez.
Neutral Memb¢J
02 ,
~~r"I-er ember Oftgani zati on Member
Date:
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