NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26309
Irwin M. Lieberman, Referee
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim for and on the behalf of Mr. G. R. Brown, Clerk,
Ray Yard, Denison, Texas (CL-84-6-MKT) that:
1. The Missouri-Kansas-Texas Railroad Company violated the current
Agreements but not limited to DP 451, Addendum No. 4, along with DP 553 and DP
463, failed and refused to afford elections and/or options entititled (sic) to
under DP 463 and Addendum No. 4, Feb. 7, 1965 agreement, as amended when Position No. 2900 was aboli
Claimant to change his point of employment and residence in excess of thirty
(30) miles distance to obtain another position.
2. The Missouri-Kansas-Texas Railroad Company violated the current
Agreement but not limited to the above mentioned agreements and failed to
follow guidelines as set forth in The Oregon Short Line Agreement, New York
Dock Agreement, Burlington Agreement, and the Washington Job Protection Plan,
and failed to give proper notice, and failed to follow proper procedures in
abandonment of rail line from and including Devol Oklahoma, to and including
Altus, Oklahoma, and in entering into a transaction to sell, and selling said
portion of track, eliminating the territory of the position of Mobil Agent and
then extending the territory of Mobil Agent to include Wichita Falls, Texas,
and Burkburnett, Texas, which was the territory covered by Position No. 2900
at Wichita Falls, Tx.
3. Carrier shall now allow Mr. G. R. Brown one (1) days pay at the
rate of position No. 2900, for August 10, 1983, and continuing on that same
basis for each subsequent day thereafter until such time this continuing violation is corrected, rei
incurred as a result of this change, including pay at protected rate, five (5)
days to move and transfer allowance, and afforded right to opt to accept lump
sum separation allowance."
OPINION OF BOARD: This dispute deals with the Carrier's abolishing the posi
tion of Chief Clerk at Wichita Falls, Texas, on August 1,
1983. On the date cited, Claimant herein was temporarily working the position
of Mobile Agent at the Wichita Falls location. Upon his displacement, Claim
ant exercised his seniority to a position (in the same seniority district) at
Denison, Texas, which was in excess of thirty miles from Wichita Falls. This
was the only position to which he could move at the time.
Award Number 26678 Page 2
Docket Number MS-26309
Claimant alleges that Carrier violated a number of Agreements in this
matter, including: DP-463, Oregon Short Line, Washington Job Protection Agreement, New York Dock and
the Claimant and turned over most of the duties of the Chief Clerk's position
to the Mobile Agent located at Wichita Falls.
Carrier maintains first that this is not the proper forum for this
dispute since it allegedly involves the February 7, 1965 Agreement. Further,
Carrier asserts that the abolishment of the Chief Clerk's position was due to
an ordinary force reduction and was not a technological, operational or organizational change. Carri
the trackage involved in 1978, that Petition was not approved and the property
was later (in 1982) sold to the State of Oklahoma. Thus, according to Carrier
the abolishment of the position in question was not remotely related to the
proposed abandonment since the job was abolished some six years following the
proposed abandonment.
The Claimant submitted certain documentary evidence together with his
rebuttal statement to this Board. It is well established that such evidence
may not be considered since it was not presented during the handling on the
property. The Board also notes that the matter of jurisdiction need not be
dealt with in view of our determination on the merits.
Claimant's reliance on the Agreement of February 15, 1973 (DP-463) is
misplaced. That Agreement dealt with the establishment of the Mobile Agent
position at Wichita Falls; that position still exists. That Agreement has no
bearing whatever on the abolishment of the Chief Clerk's position. Further,
there is no evidence to show that any of Claimant's former work was transferred to the Mobile Agent'
From the entire record of this dispute, it appears that the abolishment of the Chief Clerk's pos
be considered to be caused by technological, operational or organizational
changes. As such, none of the protective benefits alluded to in the Claim is
appropriate (see Awards 7, 167 and 76 of Special Board of Adjustment 605).
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 not violated.
Award Number 26678 Page 3
Docket Number MS-26309
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.