NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25186
Robert W. McAllister, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Railroad:
[General Chairman file: F-82-284. Carrier file: SI
82-6-3C]
On behalf of Mr. M. A. Graves, Signalman, Gang 4, headquartered at
Springfield, Missouri, for moving expenses and benefits as provided in Rule 31
of the Agreement between the St. Louis-San Francisco Railway Company and the
Brotherhood of Railroad Signalmen (Rule 32 of the Burlington Northern -
Brotherhood of Railroad Signalmen Agreement) on account of the Carrier making
a technological, operational, or organizational change."
OPINION OF BOARD: On December 9, 1981, the General Chairman wrote the
Carrier's Superintendent of Signals and noted that four men
assigned to Gang 4 had been transferred to Signal Gang 4A. He requested the
Carrier bulletin these positions in accordance with Rules 36 and 37. On
January 7, 1982, the Superintendent of Signals notified the General Chairman
that the positions had been bulletined. M. A. Graves, the Claimant, a Signalman on Gang 4 had his jo
position at Springfield, Missouri, and had to displace onto Gang 6A headquartered in Amory, Missouri
was filed on the Claimant's behalf citing Rule 31 as support, contending that
an organizational change had been made.
The Carrier, in resisting this claim argues that the only reason
for abolishing positions on Gang 4 and bulletining an equivalent number of
positions on Gang 4A was the December 9 request of the General Chairman. By
way of background, the Carrier explained Gang 4 had existed for some 25 or
more years. By practice, all of the gang positions of Signalmen headquartered
at Springfield were bulletined as Gang 4 until 1977. Effective October 1,
1977, Rule 4 of the controlling Agreement limited the number of Signalmen a
Gang Foreman could supervise to seven (7). As a result, Gang 4A was established with the same headqu
Thereafter, for several years, the Signalmen assigned to Gangs 4 and 4A were
assigned work under the direction of either Foreman, as needed. According to
the Carrier-, Rule 41 is the only Agreement provision specifying when a position must be rebulletine
-"A
position shall be rebulletined when change is
made in (1) rest day(s)r (2.) location of
headquarters, (3) pay basis, from monthly to hourly
rate or from hourly to monthly rate, or (4) when
the territorial limits are materially changed."
Award Number 26502 Page 2
Docket Number SG-25186
The Carrier argues there was no change in assigned duties attributable to an operational change.
territories nor were the rest days, hours of service, headquarter or pay basis
involved. The Organization points out that both Gangs reported to Signal
Supervisor Cadwell prior to the issue arising. It claims that, in November,
the Carrier transferred several employes in Gang 4 to Gang 4A. Thereafter,
this claim was filed.
The record establishes that, on June 3, 1982, the organization, by
letter, asserted that, due to a realignment of Supervisors, Gang 4 was instructed to report to Cadwe
Cadwell was placed in charge of everything West of a line through Springfield
(North/South) and Bowden was in charge of everything East of the line. These
statements were not challenged on the property.
Despite Carrier's assertion that nothing transpired which would have
required the rebulletining of the positions in question, the Superintendent of
Signals affirmed in his March 8, 1982, response to the claim that, when it
became necessary for the two Foremen to report to different Supervisors, these
men were divided equally between them. This Board finds that Division to be a
significantly different arrangement than the referred to practice of working
the Signalmen of the two Gangs interchangeably. It is undisputed that, prior
to the division, both Gang Foremen reported to the same Supervisor, and the
territory was the same for both Gangs. After the division, the Foremen
reported to different Supervisors, and each Foreman was assigned a specific
part of the previously undivided territory.
But for Carrier's rearrangement of its chain of command requiring the
two Gang Foremen to report to different Supervisors and dividing a previously
interchangeable territory, the Claimant would not have been required to change
his residence. We do not view the above circumstances as a simple and normal
exercise of seniority. Rather, based on the record as a whole, we find the
evidence supports a holding that the Carrier's actions constituted an organizational change.
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 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.
Award Number 26502 Page 3
Docket Number SG-25186
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
N cy J. D e - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.