NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20679
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Company that:
(a) The Southern Pacific Transportation Company (Pacific Lines)
has violated/or failed to apply the provisions of Article VIII of Mediation Agreement Case No. A-881
Railroad Signalmen dated November 16, 1971, also the provisions of Rule 56
of the Current Schedule Agreement.
(b) Mr. T. L. Spangler be allowed the benefits provided by
Article VIII of Mediation Agreement of November 16, 1971, also the benefits provided by Rule 56 of t
SIG 176-2)
OPINION OF BOARD: The facts out of which the dispute arose are basic-
ally uncontested. Carrier had since 1969 maintained
at Chemult, Oregon a mobile trailer for use as headquarters by Signal Gang
22, a one-man gang consisting of a Leading Signalman, one C. G. Mowdy. In
November 1972 Carrier issued bulletins changing the headquarters of Gang 22
from the trailer to a fixed headquarters (a toolhouse). Carrier abolished
and reestablished the Leading Signalmen's position at Chemult to reflect
this change. Mowdy exercised his seniority rights in such a way as to
initiate a chain reaction of displacements which finally reached Claimant,
a Signalman on Signal Gang No. 25 at Klamath Falls, Oregon. The net result of the chain of displacem
in this transaction, ended up bidding into the Leading Signalman position
on Gang 22 at Chemult, Oregon. Thereafter, Claimant moved his residence
from Klamath Falls to Chemult and then filed the instant claim alleging
violation of Article VIII of the Mediation Agreement of November 16, 1971
("Changes of Residence Due to Technological, Operational or Organizational
Changes") and Rule 56 of the controlling Signalmen's Agreement.
Analysis of the facts in this case shows a change from trailer
headquarters to a fixed headquarters at the place where the trailer was
parked. Thereafter, the employee previously assigned to the trailer
voluntarily choose not to stay at that headquarters but exercised his contractual rights to displace
Award Number 20941 Page 2
Docket Number SG-20679
judgement the claim under Article VIII cannot be sustained for two
reasons: 1) The foregoing set of facts simply does not constitute
"technological, operational or organizational change requiring an
employee to transfer or move" within the clear language of the Mediation Agreement, and 2) The causi
trailer to fixed headquarters and the eventual displacement and move of
Claimant three bumps later is just too tenuous to support the claim.
Although the claim is at least nominally premised upon Rule 56,
as well as Article VIII, the record shows that Petitioner relies almost
exclusively upon the latter provision. Aside from bare assertions the
record is devoid of evidence to support allegations of a Rule 56 violation. If proper request for su
denied herein we might have a different case under Rule 56. But on the
instant record the claim in this regard must be denied for lack of proof.
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:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1976.