PARTIES TO DISPUTE: (Brotherhood of Maintenance of Way Employes

STATEMENT OF CLAUM: Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when Track Department Foreman R. C. Chavez was permitted to displace Laborer-Driver Blas Gonzales on June 17, 1974 (System File MW-74-87).

 (2) Claimant Blas Gonzales now be allowed travel pay, mileage and expenses as set forth in the appeal letter of October 10, 1974 to the Carrier's Manager of Labor Relations.

 OPINION OF BOARD: The parties agree that the only issue to be decided by the
 Board is whether a "voluntary relinquishment" is encompassed within the purview of Article 8, Section 2 of the Agreement.



In the instant case, Track Department Foreman R. C. Chavez voluntarily relinquished his position as a foreman, and then displaced Laborer-Driver Blas Gonzales, who had taken over the position vacated by Chavez, when Chavez was promoted. to a foreman.

 The big question is whether the voluntary relinquishment of the foreman's position,by Chavez is 8, Section 2, thereby making the displacement of Gonzales by Chavez improper.

 Webster's Third New International Dictionary (Unabridged Edition, 1971), defines "demote" as "to reduce to a lower grade or rank; relegate to a subordinate or less important position." Roberts' Dictionary of Industrial Relations defines "demotion" as "the process of moving an employee to a position
                    Award Number 21483

                    Docket Number MW-21328 Page 2


lower in the wage scale or rank. It may be involuntary, resulting from inefficient or careless w from a curtailment of production, and without prejudice to the employee."

 From these definitions of the terms "demote" or "demotion," as well as the context of Article 8, Section 2, the Board finds that the "voluntary relinquishment" of the foreman's position by R. C. Chavez is not emcompassed within the purview of Article 8, Section 2.

 The "voluntary" aspect of demotion referred to in Roberts, Dictionary of Industrial Relations specifically refers only to the situation where manage- ment gives the employee a choice of taking a demotion. It does not encompass the situation where the employee takes it upon himself to voluntarily relinquish his position without being "forced" into maki a "choice" b management. (See Labor Policy and Practice BNA 2 :(301-30

 The phrase "or other cause" in Article 8, Section 2 does not refer to a voluntary relinquishment such as in the instant case, but to reasons other than "failure to qualify" why management might demote an employee. Encompassed here would be demotion for business reasons such as lack of work in the employee's department.

 For the foregoing reasons, therefore, the Board has no alternative but to deny the claim.

        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.

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                    Docket Number MW-21328

                    A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: A r(/V
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of March 1977.