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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 22135
THIRD DIVISION Docket Number SG-21985
David P. Twomey, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPD3'8:
(Missouri Pacific Railroad Company
( (Former Texas & Pacific By. Co.)
STATFMEMT
OF CIA "Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the Texas and Pacific
Railway Company:
Claim No. 1: jEarrier file: 315-10!g
On behalf of Signal Foreman H. J. Lewis for moving expenses and
allowances under Article VIII of the November 16, 1971 Agreement,
account headquarters of Signal Gang 1611, Odessa, Texas, being
abolished on July 4, 1975, resulting in a change of his residence from
Odessa to the Denton, Texas area:
Time claimed - July 14, 15, 16, 17 & 18, 1975: $251.25
Meals (for he & his wife) 14.00
Auto mileage, Odessa to Lewisville, Texas,
(380 miles @ 9p) - 2 vehicles 68.40
Truck rental 161.20
Gasoline for truck 41.51
Labor to help load & unload household goods 40.00
Transfer allowance 400.00
Total due 976.36
Claim No. 2: LCarrier file: 315-107/
On behalf of Signalman R. L. Wright and Assistant Signalman T. C. Kimbrell
for moving expenses and allowances under Article VIII of the Agreement
of November 16, 1971, account headquartered Signal Gang 1611, Odessa,
Texas, being abolished on July 4, 1975 resulting in a change of residence
for the claimants from Odessa to Dallas, Texas.
Claim of R. L. Wriaht
Time claimed - July 5 & 6, 1975 (16 hrs. @ $6.31) - $100.96
Motel, Dallas - July 6 8.56
Meal expenses, July 5 & 6 20.00
Auto Mileage, Odessa to Dallas (360 mi. @ 9p) 32.40
Transfer allowance 400.00
Total due $561.92
(Motel receipt attached)
Award Number 223.35 Page 2
Docket Number SG-21985
Claim of T. C. Kimbrell
Time claim=d - July 4, 5 & 6, 1975 - 24 hrs. @ $5.50 -$132.00
Motel, Dallas, Tex., July 5 (For he & his family) 21.45
Meals, July 4, 5 & 6 (For he & his family) 35.00
Auto mileage, Odessa to Dallas (360 mi. @ 9s) 32.40
Rent, U-Haul Trailer 33.60
Transfer allowance 400.00
Total due $654.45"
OPINION OF BOARD: As a result of the August 11, 1972 Agreement, the
territory of the former T&P west of Fort worth to
El Paso, Texas was assigned to Gang No. 1611, headquartered at Odessa, and
to Camp. Car Gang No; 1646.- Both gangs performed construction and. repair
work as assigned on this territory. By the end of June, 1975, the
Carrier determined that there was not sufficient work to justify con
tinuance of two gangs, and as a result Gang No. 1611, headquartered at
Odessa, was abolished as of July 4, 1975. The three employes assigned
to Gang No. 1611 acquired displacement rights under Rule 37 of the
Signalmen's Agreement. Foreman Lewis took a position at Denton, Texas
and moved his residence to Lewisville. Signalmen Wright and
Kimbrell
took positions in Dallas, Texas, and moved their residences to Dallas.
The claims in the instant case are for the moving expenses of each
employe.
We find that paragraph 6 of the August 11, 1972 Agreement is
clearly not applicable to the instant case.
The Organization contends that the claims for moving expenses
are due under Article VIII of the National Mediation Agreement of
November 16, 1971, which states:
"ARTICLE VIII - CHANGES OF RESIDENCE DUE TO TECHNOLOGICAL.
OPERATIONAL OR ORGANIZATIONAL 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,
Award Number 22135 Page 3
Docket Number SG-21985
"except that the employee shall be granted 5 working
days instead of 'taro working days' provided in
Section 10(x) of said Agreement; and in addition to
such benefits the employee shall receive a transfer
allowance of $4.00. 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."
The -iii-ebril-dft-ra-tes Wit. 'VoU -Gang No. 1611 and
Gang go. 1646 were assigned to the territory between Fort Worth and
E1 Paso. The Carrier abolished Gang No. 1611 because of lack of
work. There was no rearrangement or
combining of
geographical
territories; the territory of Gang No. 1646 remained the same.
There were no additional positions created on Gang No. 1646, nor
were existing positions changed. We find that the abolishment of
Gang No. 1611 was not an organizational, technological or operational
change within the purview of Article VIII. See the line of Awards of
S.B.A. No. 605, starting with Award No. 7. We must deny this 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.
Award Number 22135 Page 4
Docket Number SG-21985
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
P"Yz-~'
Dated at Chicago, Illinois, this 30th day of Jttae
1978.
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