NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22281
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe
( Railway Company
$EATEIMENT OF CLAM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atchison, Topeka and
Santa Fe Railway Company:
Claim on behalf of Signal Foreman D. A. Sage for moving
expenses and transfer allowance as outlined under Appendix 10 of
current
Signalmen's Agreement,
as amended (changes of residence due
to technological, operational or organizational changes) when caused
to exercise displacement rights between Alvin and Temple, Texas,
because of abolishment of position at Alvin,_Texas, effective
July 1, 1976." (Carrier file 14-1300-40-1J
OPINION OF BOARD: The parties join issue on whether the abolishment
of Signal Gang No. 42 at Alvin and the consequent
movement of Claimant to Signal Gang No. 41 at Temple was caused by a
"technological, operational or organizational" change within the
meanings of those words as used in Appendix No. 10.
Organization regards as significant the fact that Appendix 10
begins with the words "When a carrier makes ...a change..." It regards
the situation under consideration as one which met this condition of
Carrier instigation and initiation. That is, the Carrier's action
of abolishing Signal Gang No. 42 at Alvin could only have the consequence of Claimant's use of the o
invoking his seniority which, in turn, made inevitable his necessity
to domicile himself at Temple. Organization comments: "Certainly,
no reasonable person would contend that Appendix 10 was to be
interpreted in such a manner that employes would be encouraged to
forfeit their seniority as Signalmen merely to relieve the Carrier
of its obligation to pay the moving and transfer allowances provided
herein."
Award Number
22496
Page 2
Docket Number SG-22281
Organization also points out that Claimant could not
conform to the change-of-residence-not-required exception in
Appendix No. 10 for changes not exceeding 30 miles from original
reporting point because he did not have sufficient seniority to
displace any employe within 30 miles of the abolished position.
Organization identifies a number of Awards which it
regards as having sustained claims made for circumstances of the
same general characteristics as the instant one particularly
Award Number 22175, Third Division.
Carrier characterizes Organization's posture as implying
that Point Headquartered Gangs have territorial assignments and
the abolishment therefore having improperly changed said assignment.
But it points out that no pertinent Agreement rule contains any
restriction against assigning Point Headquartered Gangs at any
location on their seniority district. The gangs at Temple and
Alvin were on the same seniority district.
Carrier also calls the Board's attention to the first
words in Section 8 of the Point Headquartered Agreement:
"Employees obtaining assignments in point headquartered gangs
when initially established ...shall," etc. No gang was established,
initially, or otherwise on or about July 1, 1976. Claimant whose
job was abolished in force reduction, merely exercised his seniority
and displaced the Signal Foreman at Temple.
Carrier regards it as noteworthy that when Point Headquartered Gang No. 42 was established at Al
there were no claims from, or on behalf of, any employe who then
obtained assignment in that gang. It carts: "Obviously, the
Organization agrees with Carrier that that was not an initial
establishment of a Point Headquartered Gang.
Carrier's principle attack on Organization's position is
that it has failed to establish that the abolishment of Signal Gang
No. 42 was the result of a "technological, operational or organizational change." It is not disputed
barely-begun crossing gates work at Alvin, Texas was a temporary
suspension of said work to reduce expenses and that the work there
was resumed about 1k months later. No signal projects belonging to
Award Number
22496
Page 3
Docket Number SG-22281
the Southern Division were assigned, in the interim, to the Temple,
Texas Signal Gang. There was no change in the organization of,
methodology of or configuration of existing work or any technological
substitution or modification of its handling.
Carrier calls the Board's attention to a number of Awards
which it regards as having denied similar claims under similar
circumstances, particularly Award Nos. 7 and 76 of Special Board
of Adjustment No. 605, wherein it was held that an abolished
position was neither a technological, organizational nor operational
change within the meaning and intent of the governing Agreement
clause thereon.
We find ourselves in agreement with the principles
enunciated by Board of Adjustment No. 605 and are of the opinion
that the circumstances in the instant claim conform basically to
those dealt with by said Board in reaching denial conclusions.
Board of Adjustment 605 acted in response to the terminology
("...a technological, operational or organizational change requiring an employe to transfer to a new
of a 1965 Agreement. When the parties herein used the same
terminology in their November 1971 Agreement, they were necessarily
adopting also the interpretation thereof which had become fact and
obligation by the Awards of Special Board of Adjustment No. 605.
As for Third Division Award 22175, the circumstances
present there are distinguishable from the instant situation by
reason of the fact that the occurrences on which the Board acted
in that case involved the simultaneous abolishment of one gang and
the creation of another on the same day. The Board found that this
pattern evinced a "coordinated plan of restructuring the Department"
and thus, in the Board's opinion, constituted an "organizational
change" compelling Claisasnts to transfer to a new point of employment.
We find no such pattern here nor any other persuasive
indicia which could reasonably be regarded as a "technological,
operational or organizational change requiring an employe to
transfer to a new point of employment" and, because of that, subjecting him to the costs and burdens
benefits of Appendix No. 10 and the Washington Job Protection
Agreement.
Award Number
22496
Page 4
Docket Number SG-22281
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 24th day of August
1979.