NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26333
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad
Company:
Claim on behalf of W. L. Pratt, Jr., for benefits under Article XII
of the January 8, 1982 National Signalmen's Agreement, when carrier made an
operational and organizational change, effective May 16, 1983, which required
him to change his point of employment. (Carrier's file K 225-971)"
OPINION OF BOARD: Claim before the Board centers upon the issue of whether
the Carrier had made an operational or organizational
change which required Claimant to alter his place of employment. Claimant
had been assigned the position of Signal Foreman of Signal Gang 1248, head-.
quartered at De So to, Missouri. Carrier abolished Gang 1248 and Claimant
assumed a position of Signal Maintenance Foreman 220 miles away at Newport,
Arkansas. The change necessitated the sale of a home and associated moving
expenses.
The Organization alleges Carrier violation of Article XII which
refers to "Changes of Residence Due to Technological, Operational or Organizational Changes." It con
Agreement because the Carrier made operational and organizational changes
which necessitated Claimant's change of residence. The Organization notes
that after DeSoto Gang 1248 was abolished, the work remained and was performed
by other Signal Gangs including Signal Gang 1247, headquartered at Poplar
Bluff, Missouri. In addition, Gang 1247 was assigned new equipment (a
High-Rail pickup) so that it could be divided and perform signal work on the
territory of former Gang 1248.
The Carrier maintains that no violation of the Agreement occurred.
It is the Carrier's position that Signal Gang 1248 was abolished because of
insufficient work to justify the continued existence of the gang. After
abolishment, Claimant exercised his seniority to a vacancy at Newport,
Arkansas. The force reduction did not result from operational or organizational changes which would
Job Protection Agreement as included in Article XII of the January 8, 1982
National Agreement. The Carrier argues that said force reductions were
necessitated by "diminishing work requirements." In addition, it notes that
Gang 1247, headquartered at Poplar Bluff, could always have worked the same
territory as abolished Desoto Gang 1248.
Award Number 26271 Page 2
Docket Number SG-26333
A review of the record demonstates that both Gang 1247 and Gang 1248
were assigned the same territory. The Carrier asserted such and the Organization agreed and stated i
rule that prohibits any signal employe from working another territory due to
the fact that all signal employes have system seniority." As such, both gangs
had overlapping territories prior to abolishment and no proof has been offered
by the Organization that a consolidation of territories occurred. The burden
of proof is on the Organization, and lacking evidence of probative value the
Claim is denied. This is consistent with past Awards between these parties on
this property over the same issue and we find these Awards controlling (Third
Division Awards 22135, 23385).
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;
That the Carrier and the Employes involved to 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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1987.