(Be V. Carnahan PARTIES TO DISPUTE.




Claim: Claimant B. V. Carnahan., Route 1 Box 170-B, Ooltawah, Tern., for sale of claimant's home and 75 acres of land, plus all other benefits including moving expenses, as provided in the April 3, 1965 Agreement, account of Carrier's causing Clsimnnt's position of Operator-Leversma at Ooltsvah, Tennessee, to be abolished at end of tour of duty November 25, 1975."

OPINION OF BOARD: The facts giving rise to the present dispute evolved
from changes made at Ooltewah, Tennessee on or about
November 25, 1975, when Carrier extended its CTC operation to include the
Ooltewah area. As a result, three positions of Operatar·Leversan were
abolished, including the position occupied by Claimant on the 3rd trick.
The Claimant then exercised his seniority to a Demurrage Clerk position,
in the save seniority district, twenty-five (25) stiles away, at Dalton..
Georgia, effective December 1, 1975. Re worked this position until he
was displaced by a senior man returning from sick leave, on January 15,
1976, whereupon he elected to train on a position of Ticket Clerk-Operator
in Atlanta, Georgia, rather than displace a junior employe at Peachtree
Station. Claimant was then placed on the road extra board pursuant to
Rule B-1L of the Agreement.

The claim filed with this Board requests benefits under the Stabilization Agreement dated April 3, 1965, on the assumption the changes effected in November 1975 entitled Claimant to certain benefits under the Agreement when his job was abolished.

Stripped of extraneous issues, the Petitioner's primary position is that an Implementing Agreement was necessary to effect the changes made on November 25, 1975. The Carrier does not agree, and no Implementing Agreement was consumsted with Claimant's Organization. The Claimant relies upon Article III and Article V of the April 3, 1965 Agent in Support of his present claim., Neither of those provisions support his position. The



Claimant was not transferred from one seniority district or roster to
smother, but in fact he exercised his seniority to a position at Dalton.
on the same seniority district less than thirty (30) miles from ooltewah.
Equally important Claimant did not change his residence when he displaced
at Dalton. See Awards 123~p 271. and 386 of SBA 605. Claimant was displaced
at Dalton by an employe who had been off sick, in the normal exercise of
seniority. His subsequent move to Atlanta was a result of a voluntary
exercise of seniority and not as a result of a change under Article III
or V of the April 3, 1965 Arms 110 and IU of SBA 605.

The issues dealing with the alleged transfer of certain operators work to Train Dispatchers with the extension of CTC vas considered in Award 20753 and there it was stated:

              "... this Board has held, in numerous decisions, that the control of switches and signals through Centralised Traffic Control systems, manned by Train dimpatcherej, is not a violation of Petitioners Agreement. Awards 1 1 8 114 1 1025,1 and 1


        See Award 390 sBA 605.


        fIRDW3: The Third Division of the Adjustment Board,, upon the whole record and all the evidences finds and holds:


        That the parties waived oral hearibgj


That the Carrier and the ftloyes involved in this dispute are respectively Carrier and Employee within the snaring of the Railway Iebor 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.

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