NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number NS-22563
(Be V. Carnahan
PARTIES TO DISPUTE.
· Southern Railway Company
STATSMNT OF CLAIM: "This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of ay intention
to file an ex parte submission on May 1, 1978 covering an unadjusted dispute
between me and the Southern Railway System involving the question:
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
Award Number
23171
Page
2
Docket Number
MS-22563
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
t·
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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