NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-23908
(C. P. Edington and Charles Richardson
PARTIES TO DISPUTE:
(Southern Railway System
STATEMENT OF MAIM: "The Southern Railway Company violated the agreement with
the Brotherhood of railway., Airline and Steamship Clerks
(BRAC) when, on may
4, 197 , it
abolished the positions of C. P. Fdington and
Q3arlea Richardson,, Agent/Operator/Clerks at Harriman, Tennessee, a station on
the Tennessee Division of the Southern Railway Company, and transferred the
work to employees at Oakaale,Tennesaee, a station on the Kentucky Division of
the Cincinnati, New Orleans and Texas Pacific Railway Co.,, and other employees
not covered by the Agreement, namely train crews, without making any provisions
whatsoever, namely an Implementing Agreement, to provide benefits for effected
employees.
The Claimants contend that provisions as outlined above would have
been necessary before such a move could have taken place, in that not only
was the work transferred from one Division to another, but is fact wen
transferred from one Carrier to another. The Claimants are requesting the
'option' of: (1) Separation pay and
(2)
Sale of their homes to the Carrier
and moving expenses to their present headquarters. In addition to these
benefits, that would have been offered had such provisions as outlined above
been made, the Claimants are requesting the 'option' of:
(3)
Merging their
seniority, with full prior rights, into the Train and Engine Service Employees
Seniority Roster, details to be outlined later."
OPINION OF BOARD: Claimants are two clerks who have established seniority
on Carrier's Knoxville District. Both were employed at
Harriman, Tennessee when certain work functions and consequently their posi
tions were abolished. Both exercised their seniority on positions at Clinton,
Tennessee. _
The claims as stated are said to be founded on as Agreement of
1965
with the BRAC. That Agreement cousins its own disputes resolutions provision
and anything arising thereunder is without the ,jurisdiction of the Board. See
Awards
19296, 18602, 17516, 14979
and any others.
Claim is made that the Carrier should make as implementing agreement
but no provision is cited to compel such action. One claim, mileage and deadhead pay is sought to be
claim on the property. This claim is not properly before the Hoard.
Award Number 24025 Page 2
Docket Number
MS-23908
There are no claims which have been raised which are properly
before the Board; therefore all must be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
earl all the evidence, finds affil holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved is this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21,
193;
That this Division of the Adjustment Board has ,jurisdiction
aver the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
BY
semarie Breach - Administrative Assistant
Dated at Chicago., Illinois, this 15th day of November
1982.
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