NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-25815
Charlotte Gold, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: -Claim of the System Committee of the Brotherhood
(GL-9886) that:
(a) The Southern Pacific Transportation Company violated the
current Clerk's Agreement when on June 10, 1982 it refused to allow Mr. A. L.
Hobbs, Clerk, Klamath Falls, Oregon, an Article IV, Section 1(b) Separation
Allowance when he was affected by the abolishment of a permanent position and
could not be continued in employment without moving his residence in excess
of 75 miles.
(b) The Southern Pacific Transportation Company shall now be
required to grant Mr. A. L. Hobbs a Separation Allowance, computed in
accordance with Article IV, Section 3, of the TOPS Agreement.
(c) The Southern Pacific Transportation company shall also be
required to pay Mr. A. L. Hobbs interest at the rate of fifteen (15) percent
annually on the monies due him as a Separation Allowance, such interest to
accrue from June 13, 1982 and be compounded annually until such time as the
funds due are paid.-
OPINION OF BOARD: In July 1978, Claimant, a Clerk with ten years of seniority
at Carrier's Los Angeles Division, voluntarily transferred
to the Oregon Division. In June 1982, he was displaced off his Guaranteed
Extra Board position. Since there were no Junior employes working within a
75 mile radius of Klamath Falls whom he could have displaced, he requested a
lump sum separation allowance in accordance with Article IV, Section 1(b), of
the Clerical Agreement. That Article reads in pertinent part as follows:
'(b) - In the case of abolishment of permanent positions
under conditions other than as specified in Article
I, Section 2, Items 2, 4 or 5, or Article IV,
Section 1(a), a protected employe whose permanent
position is abolished or is in directly related
chain of displacements, who has ten (10) or more
years of employment relationship with one (1), or an
aggregate of ten (10) or more years with two (2)
or more of the carriers parties hereto, and who
would be required to move his residence in excess
of 75 miles in order to obtain the nearest available
position on his seniority roster, district or
region, may elect to resign from carrier's service
and accept a lump sum separation allowance on basis
set forth in Section 3 of this Article.'
Award Number 25869 Page 2
Docket Number CL-25815
The Organization maintains that Claimant meets all the criteria for
a lump sum separation allowance: (1) he has at least two years seniority on
the Oregon Division, Master Roster No. 3, which qualifies him as a protected
employe; (2) he has more than a ten-year employment relationship with
Carrier; and (3) there were no jobs available within 75 miles of his last
work location.
Carrier argues that by Claimant's voluntary transfer to Oregon, he
established a new seniority date on Master Roster No. 3 and that, consequently,
his bidding and displacing rights on that roster were reduced to those of a
new hire. He would not qualify for protective benefits until 1988. Had he
been able to bring his earlier seniority with him, he would still be able to
hold an assignment at Klamath Falls. Claimant voluntarily reduced his
seniority and thus does not meet the test of Article IV, Section 1(b), which
requires that an employe establish at least ten years of usable seniority.
Carrier urges that a contrary interpretation would encourage employes to
voluntarily transfer to new locations where they anticipated they would be
displaced and subsequently would be eligble for protective benefits.
Despite Carrier's concern about Claimant's motives in seeking a
transfer to Oregon, we find the language of Article 4, Section l(b), to be
clear and unequivocable. One of the key criteria listed in that Rule for a
separtation allowance is that an employe must have ten or more years of an
employment relationship with a Carrier or Carriers party to the Agreement.
The drafters of the Agreement were knowledgeable about the distinctions among
such terms as seniority, years of service length of service and employment
relationships and we cannot now interpret their Agreement so as to equate
employment relationship with useable seniority.
Under the criteria outlined in Article IV, Section l(b), we must
conclude that Claimant is eligible for a lump sum separation allowance,
which, in turn, is to be computed based on the terms of Article IV, Section
3. Despite Carrier's error in interpreting and applying the Agreement,
however, we find no valid basis for allowing the interest claimed. Along
line of Awards from this and other Divisions support that general decision.
Further, we can discover no special features of this case that would cause us
to determine that there are special circumstances here where payment of
interest is warranted.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 25869 Page 3
Docket Number CL-25815
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning 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
That the Agreement was violated.
A WAR D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1986.