Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27572
THIRD DIVISION Docket No. SG-26818
88-3-85-3-586
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Denver 6 Rio Grande Western Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Denver 6 Rio
Grande Western Railroad Company:
Case No. 1
Claim on behalf of Signal Maintainer 0. G. Creason, headquarters
Glenwood Springs, Colorado; assigned territory Mile Post 343.4 to Mile Post
368.6; assigned hours 7:30 AM to 4:00 PM; assigned meal period noon to 12:30
PM; assigned rest days Monday, Tuesdays and holidays.
(a) Carrier violated the current Signalmen's Agreement, as amended, particularly Article VIII of
the Agreement of November 16, 1971, Article XII
of the Agreement of January 8, 1982, and Sections 10 and 11 of the Washington Job Protection Agreeme
Wednesday, October 17, 1984, it failed to pay
Mr. Cresson transfer allowance and moving expense benefits as outlined in the Agreements
mentioned above.
(b) Carrier should now be required to reimburse Mr.
Cresson for $545.70 moving expenses as outlined
in Section 10(a) of the Washington Job Protection Agreement; compensate him for $533.20 -
five working days pay; and $400.00 transfer allowance as outlined in Article VIII of the November 16
the January 8, 1982 Agreement, or a total of
$1,478.90."
General Chairman file 24-58. Carrier file SG-7-84.
Case No. 2
"Claim on behalf of Signal Maintainer M. C. Horta, headquarters
Colorado Springs, Colorado; assigned territory Mile Post 33.0 to Mile Post
104.7; assigned hours 7:30 AM to 4:00 PM; assigned meal period noon to 12:30
PM; assigned rest days Mondays, Tuesdays and holidays.
Form 1 Award No. 27572
Page 2 Docket No. SG-26818
88-3-85-3-586
(a) Carrier violated the current Signalmen's Agree
ment, as amended, particularly Article VIII of
the Agreement of November 16, 1971, Article XII
of the Agreement of January 8, 1982, and Sec
tions 10 and 11 of the Washington Job Protection
Agreement of May, 1936, when on or about Sunday,
October 14, 1984, it failed to pay Mr. Horta
transfer allowance and moving expense benefits
as outlined in the Agreements mentioned above.
(b) Carrier should now be required to reimburse Mr.
Horta for $225.00 moving expenses, as outlined
in Section 10(a) of the Washington Job Pro
tection Agreement; compensate him for $533.20 -
five working days pay; and $400.00 transfer al
lowance as outlined in Article VIII of the
November 16, 1971 Agreement and in Article XII
of the January 8, 1982 Agreement, or a total of
$1,158.20."
General Chairman File 24-57. Carrier file SG-6-84
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The sequence of events precipitating the instant dispute stands uncontested. On August 30, 1984,
1984, H. W. Armstrong was relieved of his position as Assistant Signal Supervisor because of an inci
September 5, 1984, Carrier posted a notice advising of the territorial change in Signal Supervis
On September 10, 1984, Bulletin No. 1394 was issued advising assignment of Claimant Horta to the
Springs.
Form 1 Award No. 27572
Page 3 Docket No. SG-26818
88-3-85-3-586
By September 30, 1984, Mr. Armstrong completed his vacation as
Supervisor and advised Carrier that he would displace T. L. Foral who occupied
the Signal Gang Foreman's position on Signal Gang No. 1.
October 1, 1984, Carrier issued Circular No. 31 advising that the
position of Assistant Signal Supervisor at Glenwood Springs was abolished. On
that same date, Mr. Armstrong displaced Mr. Foral. Subsequently, Mr. Foral
displaced Claimant treason who occupied the Signal Maintainer position at
Bond, Colorado. Claimant, in turn, displaced on the position of Signal Maintainer at Glenwood Spring
It is the Organization's position that Carrier violated Article VIII
of the November 16, 1971 National Agreement, as amended by Article XII of the
January 8, 1982 National Agreement, by abolishing the Assistant Signal Supervisor's position and cre
Springs, Colorado almost simultaneously, and made an organizational change
which created a cascade of displacements which required Claimants to move
their regular work points.
Carrier denies that such displacements were the result of an operational change as the Employees
manner in accordance with the Agreement and not as a result of an operational
change.
The Board concurs with Carrier's position. The burden here is on the
Organization to show proof of an organizational or operational change in its
method of doing business as it relates to the Claimants. (Third Division
Award No. 23385.) In the instant case, contrary to what the Organization is
contending, we believe that the abolition of the Assistant Signal Supervisor's
position did not trigger the protective benefits claimed in this case. Even
if one could conclude that the abolition of a position can be taken to constitute a "technological,
many cases which place that proposition in doubt (see Third Division Award
22496 and Award Nos. 7 and 76 of Special Board of Adjustment No. 605), the record here establishes t
which must be viewed as the first "link" or "domino" to fall in the subsequent
Claim of displacements. That action, as Carrier correctly notes, is not under
the purview of the January 8, 1982, National Agreement but under the provisions of the working Agree
As for Third Division Award 22175, heavily relied upon by the Organization, the circumsta
instant case by virtue of the fact that the occurrences on which the Board acted in that case involv
."coordinated plan of restructuring the Department," thereby constituting an organizational change.<
Form 1 Award No. 27572
Page 4 Docket No. SG-26818
88-3-85-3-586
We find no such pattern here or any other indicia which could
reasonably be regarded as a "technological, operational or organizational
change requiring an employee to transfer to a new point of employment.
Accordingly, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
00,
Attest:
Nancy J ,Offer - Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1988.