RATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Irwin M. Lieberman* Referee
PARTIES TO D33RM:
Award Number 20971
Docket Humber SG-20832
(Brotherhood of Railroad Signalmen
(The Texas and Pacific Railway Company
STATEM T OF CLAIN: Claims of the Genera
Railway company:
Claim Ho. 1
Committee of the Brotherhood
of Railroad Signalmen on the Texas and Pacific
On behalf of Assistant Signalman W. H. Tapp, Gang 1611, Odessa,
Texas, for *4pp,00 transfer allowance due him user paragraph 6 of the
Agreement of August 11, 1972, account moving his residence from gig Spring
to Odessa, Texas, the reek of November
6,
1972. ZC-arries'a file: G 315-
Claim No. 2
On behalf of Assistant Signalman R. L. Wright, Gang
1611,
Odessa,
Texas, for ;400.00 transfer allowance due him under, paragraph
6
of the
Agreement of August 11, 1972, account moving his residence from Big Spring
to Odessa, Texas, the last week of December, 1972. ffarrier'a file: G 315 7,
1
OPINION OF HOARD: On August 11 1972 Carrier announced the change of
Signal Gang 1611 from a System Gang is camp cars at
Big Spring, Texas, to a headquarters gang is Odessa, Texas. The changes
became effective on September 1, 1972. Claimant Tape moved his residence
on November 6, 1972 from the camp cars to Odessa while Claimant Wright
moved his residence from Rig Spring to Odessa in the last week of December
1972. Both Claimants were allowed five days oft to seek a new place of
residence and both received an auto allowance but Carrier refused to pay
the $400. transfer allowance.
Petitioner and Carrier entered into an Agreement dated August 11,
1972, which provided, inter alis:
`6.
The provisions of Article VIII titled Changes of
Residence Due to Technological, Operational or
Organizational changes of Mediation Agreement Case A-8811,
dated November
16,
1971, will be applicable to employee
whose headquarters are changed from camp care to point
headquarters an provided herein.`
Award Number 20971 Page 2
Docket Number SG-20832
The pertinent portions of the November 16, 1971 National Agreement, in
Article VIII are as follows:
"ARTICLE VIII - CHANGES OF RESIDENCE DUE TO TECHNOLOGICAL.
OPERATIONAL OR ORGANIZATIONAL CHANGES
When a carrier makes a technological, operational, or organizational change requiring m employee to
of employment requiring him to move his residence, such transfer and change of residence shall be su
contained in Sections 10 sod L1 of the Washington Job Protection Agreement, notwithstanding anything
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;
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."
Carrier asserts that the transfer allowance in the National Agreement, supra, was designed to supple
move required; it *as associated with the miscellaneous expenses associated
with uprooting a family and moving into a different house. Carrier argues
that the absence
of
any actual moving expenses implies that Claimants did
not in fact change their residence within the purview of Article VIII.
Further, Carrier contends that Claimant Tapp, a single individual at the
time, did not incur any of the usual incidental expenses which were to be
covered
tar
the $400. ("lace curtain") allowance, since he did not transfer
or move any household effects. Additionally, Claimant Wright, according
to the Carrier, did not move any household effects either, since he had
occupied a rented, furnished mobile home or trailer at Big Spring. Carrier
concludes that neither Claimant in entitled to be reimbursed for expenses
not incurred under the guise of a "transfer allowance".
Petitioner argues that there are no restrictions on the payment
of the transfer allowance. Farther, if an employe moves his residence he
is entitled to all of the benefits of Article VIII, not just part of them.
It is contended that Carrier was spared additional moving and other expenses
because Claimants both transported their belongings by auto. Petitioner
contends that Claimants moved their residences over seventy miles and are
entitled to the full benefits of paragraph six of the August 11, 1972
Agreement.
Award Number 20971 Page
3
Docket Number SG-20832
There is no apparent disagreement with respect to the fact that
both Claimant a maintained a residence, albeit in camp cars for one and in
a rented trailer for the other, at Big Spring prior to the 1972 change to
Odessa. The gravamen of Carrier'e position is that the move each made to
Odessa did not fulfill the requirements of the August 11, 1972 Agreement
and consequently not the National Agreement of November 16, 1971 either.
In examining the provisions of the August 11, 1972 Agreement it is apparent
that it contains no qualifications whatever: it pertains (in paragraph
6)
to ail employes whose headquarters are changed from camp cars to point
headquarters Again, a careful perusal of Article VIII of the November
16, 1971
Mediation Agreement, indicates that its language pertains to
employee required to move their residences due to a transfer to a new point
of employment. In addition it is noted that the latter Agreement specifi
cally mandates application of the benefits contained in Sections 10 and 11
of the Washington Job Protection Agreement, and in addition, inter alia,
the transfer allowance of
$400.00.
Section 10 of the Job Protection Agree
ment provides that all expenses of moving the household and other personal
effects shall be reimbursed by Carrier.
A reasonable construction of the two Agreements cited above leads
to the inescapable conclusion that neither contains any qualification for
the applicability of the transfer allowance, as contended by Carrier.
Carrier's interpretation of those Agreements would lead to a modification,
in fact, of the language to the effect, for example: no single employes are
eligible for the allowance; no allowance will be paid unless it can be
proved that household effects were moved. Such modifications of the clear
language of the Agreements, even if justified, are beyond the authority of
this Board. Tlfe Claims must be sustained.
i:
FIliDIRGS: 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 Railw Labor
Act, as approved June 21,
1934;
r
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
Award Humber 20971 Page
4
Docket Humber SG-20832
A W A R D
Claims sustained.
NATIONAL RAILROAD ADWSTI~IT BOARD
BY Order of Third Division
ATTEST:
~oW,
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976.
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