NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22839
Robert A. Franden, Referee
(Brotherhood of Railroad 31goe,lmea
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Compaq
3TATElB;NT 0f MAIM: "Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Louisville and Nashville Railroad Company:
Grievance and protest of Bulletin No. s-3003, dated January 9, 1978,
closing date 12:00 noon January 24, 1978s issued by Louisville Division Signal
Supervisor R. W. Gorham., advertising position of Signal Maintainer, Gang
X205,
DeCouraey Yard, Latonia, Kentucky., especially the requirement on the bulletin
that:
'The successful applicant moat locate to within 30 miles of the
headquarters point, within 60 days after being awarded the position, and moat
continue to reside within 30 miles of headquarters point is order to reasonably
protect overtime on this position.'
This to be considered a continuing grievance to protest all future
Signal Department bulletins issued that have a requirement that n successful
applicant must locate to within any net distance of headquarters point within
any given time limit, and./or any stipulation that requires any Signal Department
employee to continue to reside within any given distance of headquarters point."
(Carrier file: G-311-9, G-311)
OPINION
OF
BOARD: In the instant case the Organization has alleged that begin
ning during January of 1978, the Carrier unilaterally
changed the form of advertising bulletins by adding the requirement that a suc
cessful applicant must locate within 30 miles of the headquarters point within
60 days of being awarded a position and continue to reside within that 30 mile
radius in order to reasonably protect overtime on the position. A bulletin is
sued on January 9, 1978, gave rise to the specific dispute is this case which
bulletin is net out is the submission to the Board. ,_
The Organization alleges that the Carrier violated the Agreement and
in particular Rule 49 when it "unilaterally changed the form of advertising bulletins by adding the
The issue is this case has been framed in such a manner that we must
answer the question as to whether or not the (wrier unilaterally changed the
form of the bulletin as net out in the Agreement. We do not think so. The requirement that the holde
headquarters point within 60 days of being awarded the position could very properly be set out in th
The Carrier has not by its action unilaterally changed the form.
Award Number 23392 Page 2
- Docket Number SG-22839
It appears to this Board that what we are being asked to do is
to decide a case that may possibly arise in
the future
should an employe
refuse to relocate Within the 30 mile radius and hence be denied a position.
This we are unable to do. This Hoard is empowered only to adjust actual
disputes that have been handled on the property is accordance with the
applicable provisions of the National Railway labor Act.
We are unable to find a violation of the Agreement cram the facts
set out in the instant case.
FIHDING3: The Third Division of the Adjustment Boards upon the whole
record and all the evidences finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively (terrier and Employee within the meaning of the Railway Tabor
Acts as approved June 21, 193;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement has not been violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJW24MT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Qiicagoo Illinois, this 6th day of October 1981.
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