NATIONAL RAILROAD ADJUSTMENT BOARD
THM DIVISION Docket Number SG-20981
William M. Edgett, Referee
(Brotherhood of Railroad Sigoalmen
PARTIES TO DISPUTE:
(Erie Lackawanra Railway Compaty
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Sigaalmm on the Erie Lackawanna Railway
Company:
On behalf of T. L. Casperson for moving expenses under Article
VIII of the November
16, 1971
National Agreement, Mediation Case No. A-8811.
fGeaeral Chairman file:
#491.
Carrier file: 220-Sio
OPIIRG· Of HOARD: Claimant had established seniority as an Assistant
Signal Maintainer and was working as a Signal Helper
with headquarters at Ashland, Ohio. Carrier bulletined a position as
signal helper at Urbana, Ohio. Several days later Carrier re-bulletined
the position, "corrected", and noted on the corrected bulletin that it was
re-advertised "account error in title of position". The newly advertised
title was that of Assistant Signal Maintainer rather than Maintainer Helper.
Claimant was then faced with the choice of bidding the assistant
maintainer position or losing the seniority he had established in that
classification. He chose to bid the position and as a result his headquarters moved a distance in ex
nearer to the new headquarters point and submitted a moving expense report
to Carrier. The claim is for the moving expenses provided by Article VIII
of the November
16, 1971.
National Agreement which read.:
"ARTICLE VIII - COMES Oh RESIDENCE DUE TO TECHNOLOGICAL,
GPSRATICKAL OR ORGANIZATIOIUL 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 shall be subject to the
benefits contained in Sections 10 and 11 of 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 Agreemmt; 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 mi
Award Number 21180 Page 2
Docket Number BG-20981
Carrier has denied the claim on the grounds that changing the
position at Urbane from the maintainer helper classification to the assistant signal maintainer clas
or organizational change . . . " Carrier has also denied that Claimant
was required to move his residence in connection with reporting to a new
headquarters point.
S.B.A. No. 605, which has issued many awards in connection with
Article VIII, has held that the abolishment of a position is not change
falling within the ambit of Article VII:. Here we have, not the abolishment of a position, but the c
from one classification to another. While Carrier has insisted that such
a change is not an organizational change, within the meaning of Article VIII,
the Board has not been directed to any decision supporting that opinion.
Clearly, the change involved in this case is not of large moment in the
scheme of things. It is, however, an organizational change, since the
permanent table of organization, or stated differently, the manning, of
Carrier's signal forces is not the same as it was prior to the change.
The cases have held that the fact that a headquarters point is
moved more than 30 miles is not, in and of itself, proof that the employs
was required to move his residence. Each case is subject to review and
determination that a move was necessary. Here the distance involved, as
previously stated, was in excess of 100 miles. In a recent decision (No. 398),
S.B.A. 605 has held that moving the headquarters.point a distance of 100
miles was prima facie proof that it was necessary for the employs to move
his residence. Given that holding and the distance Claimant's headquarters
point moved it follows that movement of his residence was required.
Carrier has asserted that Claimant was not required to bid on
the assistant maintainer position and that he could have remained as a
maintainer helper. The Agreement, of course, provides that his failure to
bid on the assistant maintainer position would have resulted in the lose
of the seniority that he had accumulated in that classification. Although
Carrier believes that Claimant was engaged in a voluntary exercise of his
seniority, the Board does not agree. The choice between bidding the position and the loss of seniori
Agreement provision which would have stripped him of his accumulated seniority should he have failed
if Carrier had specifically directed a move and is a change in position
which contemplates the application of the provisions of Article VIII.
FIImIB08: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Humber 21180 page 3
Docket Humber SG-20981
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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained,
lUTIAIAL RAILROAD AWOSTKW HOARD
$y Order of Third Division
ATT&ST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of August 1976.