NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-220&4
George S. Roukis, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
Railroad Company.:
On behalf of Assistant Signalman C. W. Conley, who has worked
the proper amount of days, and is seeking a Signalman's position, for
the difference of a top rate Assistant and a Signalman's rate of pay
from September 12, 1975 until C&EI Signalman D. D. Edwards is removed
from his CHI position in the Sedalia, Missouri Signal Shop. (Carrier
file: K 225-697)
OPINION OF BOARD: The January 21, 1970 agreement between the Chicago
and Eastern Illinois Railroad Company (C&EI)
Missouri Pacific (MP) Railroad Company and the Brotherhood of Fail mad
Signalmen implementing the agreed upon staffing and workload assign
ments at the Sedalia Shop is the controlling instrument which governs
the resolution of this grievance. Accordingly we will eschew reviewing
the rationale of the Chicago and Eastern Illinois and Missouri Pacific
merger and instead assess and apply the provisions of this agreement to
the fact patterns of this case.
The language of this arrangement was to provide a qualified,
albeit limited job protection accommodation to a specified number of
C&EI Signalmen at the Sedalia Shop. This formula established a maximum complement of C&EI si
location rather than a minimal number and was pragmatically synchronized with the workload levels. A
institutionalize a static staffing-workload relationship. In fact, the
following sentence from Sec. 2(a) Supra confirms this analysis:
"Employees so transferring will have prior rights to regular assignments in the shop at Sedalia in <
performed in the shop at Sedalia in a one year period."
Award Number 22012 Page 2
Docket Number SG-22084
Conversely, contrary to claimant's assertion that the
agreement required the abolishment of both C&EI positions in response to the recessed economic c
the parties intention.
The agreement certainly does not provide anyone with
permanent job security. It does on the other hand require the
observance of a work force to workload ratio.
The elimination of one (1) of the C&E7 Signalman
positions represented a measured work force reduction; it was
not inconsistent with its contractual obligations under the
January 21, 1970 Agreement.
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
The Agreement was not violated.
Award Number 22012 Page 3
Docket Number SG-22084
A W A R D
Claim denied.
NATIONAL RAILRMD
ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of April 1978.