(Brotherhood of Railroad 31goe,lmea
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Compaq



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.



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.





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





        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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