U.S. National Mediation Board Records Regarding Chicago and Northwestern Railway Company et al. and the Order of Railroad Telegraphers

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?