© 2002 Kheel Center for Labor-Management Documentation and
Archives, Cornell University Library
United States. National
Mediation Board. Arbitration case no. 275. Documents,
United States. National
.5 linear ft.
Forms of Material:
Transcripts, statements, memoranda,
opinion, award, agreement.
Kheel Center for Labor-Management Documentation and Archives,
Cornell University Library
United States. National Mediation Board
arbitration case no. 275 : Chicago and North Western Railway Company vs. Order
of Railroad Telegraphers (U.S.) : documents, 1962.
Collection material in English
The Board of Arbitration was established following an agreement
between the parties September 28, 1962, made pursuant to a request of the
President of the United States that the strike in progress on the lines of the
carrier be terminated and the remaining issues be submitted to arbitration.
Members of the Board included B. W. Heineman, representing the
carrier; G. E. Leighty, representing the organization; upon nomination by
President Kennedy, Sylvester Garrett was designated by the National Mediation
Board as the third and neutral member of the Board.
Hearings commenced October 2, 1962, in Washington, D.C., and were
concluded October 4. The award was rendered October 8, 1962.
This proceeding developed out of the handling of a notice served by
the organization on the carrier for a rule that: "no position in existence on
December 3, 1957, will be abolished or discontinued except by agreement between
the carrier and the organization."
The customary procedures of direct negotiation, mediation and
emergency board recommendations were exhausted without agreement. A work
stoppage occurred. In settlement of the dispute the parties agreed upon a
program of employee protection as recommended by Emergency Board No. 147 except
for four areas of disagreement which were submitted to this Arbitration Board
for resolution at the request of the President. In submitting the questions at
issue for settlement, the parties stated:
"It is agreed that each question shall be resolved and decided by the
panel on the basis of and in terms of its determination of the proper
application to the question of the Report and Recommendations of Emergency
Board No. 147, dated June 14, 1962."
The four specific questions and the decisions of the Board follow. The
representative of the organization indicated a dissent in the decision in
response to questions two, three, and four.
1. What shall be established as a substantial period of advance
notice to be given by the Carrier to the Union of a decision to permanently
discontinue any position?
2. What procedures should be followed when the Carrier and the Union
do not agree on whether a position should be abolished?
3. The U. S. Emergency Board No. 147 recommended a forty-hour workweek
guarantee for extra board employees. Should the Union or the Carrier decide on
the size of the extra board?
4. Should the Union be allowed to pursue claims against the Carrier
which resulted from jobs abolished before the current agreement was made?