NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22956
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Illinois Central Gulf Railroad:
On behalf of Signalmen J. W. Pickle, employee number 677192,
hire date 9-22-69, account his position as Signal Maintainer, Sparta,
Illinois, being abolished April 7, 1978 (claim presented to Manager of
Labor Relations under date of June 5, 1978)." (Carrier file: 135-377
196 Spl)
OPINION OF BOARD: This is a claim for benefits under the National Mediation
Agreement of November 16, 1971 (Article VIII) or the
IC-GMO Merger Protection Agreement of May 18, 1972 (Appendix G) which
benefits accrue when an employe is required to change his point of employment
in excess of thirty miles.
Before either agreement provision can be invoked the claimant must
show that he was "required" to move. Such was not the case in the instant
matter. The claimant had the right to displace employes junior to him on
gangs that had headquarters within claimant's prior residence and work
location. Absent a finding that claimant was required to move the other
issues raised in this matter are moot.
FINDINGS: The Third Division of the Adjustment Board, upo& 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
Award Number 22983 Page 2
Docket Number SG-22956
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
&141946lezi=
Dated at Chicago, Illinois, this 29th day of September 1980.