NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20409
William M. Edgett, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago, Rock Island and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago, Rock Island and
Pacific Railroad Company:
(a) Carrier made technological or operational changes covered
by Article VIII of the November 16, 1971 Mediation Agreement resulting
in the displacement of Signal Maintainer J. W. Jones.
(b) Carrier should afford Signal Maintainer J. W. Jones the
benefits of Article VIII of above said Agreement; i.e., reimburse him
for moving expenses totaling $1,067.68 for his move from Earlham, Iowa,
to Davenport, Iowa, a distance of 220 miles.
(General Chairman's File: AV-H-123 Carrier's File: L-130-498)
OPINION OF BOARD: Carrier restructured the territory of a Signal Main
tainer on its Illinois Division. Under the rules
that position was bulletined and the Signal Maintainer who had held the
position was unable to continue to hold it. He exercised his displace
ment rights and displaced Claimant. Claimant, in turn displaced another
employee, a job change which required him to change his residence.
The claim is for moving expenses under Article VIII of the
National Mediation Agreement of November 16, 1971, which reads:
"ARTICLE VIII - CHANGES OF RESIDENCE DUE TO TECHNOLOGICAL.
OPERATIONAL OR ORGANIZATIONAL CHANGES
When a carrier makes a technological, operational, or
organizational change requiring an employee to transfer to
a new point of employment requiring him to move his residence, such transfer and change of residence
the Washington Job Protection Agreement, notwithstanding
anything to the contrary contained in said provisions,
except that the employee shall be granted 5 working days
instead of 'two working days' provided in Section 10(a)
of said Agreement; and in addition to such benefits the
employee shall receive a transfer allowance of $400.
Under this provision, change of residence shall not be
considered 'required' if the reporting point to which the
employee is changed is not more than 30 miles from his
former reporting point."
Award Number 20665 Page 2
Docket Number SG-20409
Claimant was remotely but not directly affected by Carrier's
organizational change. The intent of Article VIII is to provide benefits for "an employee" required
conditions. As the Board reads Article VIII it does not provide benefits for employees who are remot
the conditions named therein.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST : aExecutive Secretary
Dated at Chicago, Illinois, this 31st day of March 1975.
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