NATIOXAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION
James F. Scarce, Referee
PARTIES '10 DISPUTE:
(Brotherhood of Railroad Sigoaimea
(Missouri Pacific Railroad Company
Award Number
23385
Docket Number
SG-23148
STAB CF CLAIM: "CSaim of the General Committee of the Brotherhood of
Railroad Signalman on the Missouri Pacific Railroad Camparyy:
On behalf of John 9turdivant far the benefits of Article VIII of the
November
16, 1971
Agreement account being required to change his place of residence as a result of Carrier abolishing
No.
1273,
Walnut Ridge, Arkansas, effective 4:00 p.m. June
30, 1978."
(furrier file: K
225-78T)
OPINION OF HOARD: Claimant herein was a Signalman assigned to Signal Gang
1273
at Walnut Ridge, Arlosasas. Effective Jung
30,, 1978,
the
Carrier abolished one of the two Signalman positions on Gang
1273,
a position
occupied by the Claimant who exercised his seniority against a junior employs
in the Signal Maintenance classification at Ozark,, Arkansas. The change was
more than
30
miles distant from walnut Ridge sad eventually necessitated the
Claimant's sale of his hams sad relocation of his family. A claim was made
under Article VIII of the November
16, 1971
Agreement for benefits under
Sections 10 sad 3.1 of the Washington Job Protection Agreement, the Orm!Lni
zation coutendiag the events in this case met the criteria set out in Article
VIII far such benefits, i.e. the Carrier had made a technological, operational
or or®eai.zatioml change in its business. Essentially., the organization asserts
the work remained after the Claimant's departure and thus as operational or
organizational change took place; the Carrier asserts the extent of work on
Gang
1273
had dimiatehed to the point that it no longer needed a second sigml
man. The burden here is on the Organization to show proof of an organizational
as operational change in its method of doing business as it relates to the Claim
ant. None has been demonstrated on the record; therefore, its claim foe benefits
is without merit.
FILINGS: The Third Division of the Adjustment Hoard, upon the whole
record and ell the evidence, finch and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved is this dispute
are respectively Carrier and Employes within the messing 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
23385
Page
2
Docket Number
SG-23148
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUgUGNT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago,, Illinois this
15th
day of September
1981.
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