NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22076
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Western Pacific
Railroad Company:
(a) The Western Pacific Railroad Company violated the Agreement between the Company and its Empl
of Railroad Signalmen, effective September 1, 1949 (Reprinted and Revised)
(July 16, 1975) particularly Rule 86.
(b) The position of TCS Maintainer-Sacramento East, presently
assigned to Mr. D. P. Withrow be readvertised as a new position, in
accordance with the request of the Local Chairman dated April 3, 1976.
Carrier file: Case No. 10534-1976-BRS/
OPINION OF BOARD: Claimant D. P. Withrow was assigned position of TCS
Maintainer, Sacramento East by Notice dated March 1,
1976. At that time the territorial limits of Sacramento East were as
follows: from MP 139.8 to MP 178.3. Thereafter by Notice of March 11,
1976 Carrier made a change in the territorial limits of Sacramento East
to the following: MP 139.3 to MP 175.6. Under date of March 29, 1976
Mr. Withrow requested his Local Chairman to invoke Rule 86 of the
Agreement and have the position readvertised. Rule 86 reads as follows:
"When a change is made in the location of a signal maintainer's headquarters, when a signal main
territorial limits are materially changed, or when
headquarters are changed from outfit cars to trailers,
or vice versa, the position shall be readvertised as a
new position when so requested by the Local Chairman.
Such request must be made in writing to Signal Engineer
within twenty (20) calendar days from date of change.
The Local Chairman shall not make such a request until
the incumbent of the position notifies the Local Chairman
in writing that he wants to vacate the position.
Award Number 22104 Page 2
Docket Number SG-22076
"The incumbent of the position to be vacated shall
remain on the position until relieved by the succesful
applicant or advised by proper officer of date of relief."
Carrier declined to readvertise the position and asserted that role 86
did not apply to the particular change in territorial limits. The
Organization contends that this was a "material" change because of
1) the mileage change per se and 2) the mileage change brought about
a change of equipment to be serviced with the territory.
Our review of the express language of Rule 86 persuades us
that it was not violated in this case. The Rule insofar as invoked
herein is applicable to material changes in territorial limits. The
very heading of the rule as well as other covered occurrences referenced
in the Rule all connote a geographical application. We can find nothing
in that clear language to support the Organization's suggestion that
a change of job content such as allegedly occurred here is within its
coverage. Restricting our view therefore to so much of the change as
was "territorial" we are not persuaded that a material change took place.
Close analysis shows that Claimant's old territory was cut by 2.7 miles
on the East end and one-half mile was added on the West end, for a net
reduction of 2.2 miles. In our judgment this does not constitute
"when a signal maintainer's territorial limits are materially changed."
When used as an adverb as in Rule 86 "materially" means "to a great
extent, considerably, substantially." The change at issue herein was
not of that nature and accordingly Rule 86 was not brought into play.
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
aver the dispute involved herein; and
That the Agreement was not violated.
Award Number 22104 Page 3
Docket Number SG-22076
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 16th day of June
1978.