Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28189
THIRD DIVISION Docket No. SG-28349
89-3-88-3-115
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Union
Pacific Railroad Company (UP):
On behalf of Marshall Magee for benefits under APPENDIX 14, account
of Carrier violated the current Signalmen's Agreement, as amended, particularly APPENDIX 14, when it
Pocatello, Idaho to Las Vegas, Nevada." Carrier file 87-03956
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.
Claimant's position at the Pocatello, Idaho, Signal Shop was abolished and, by virtue of his sen
position in Nevada, about 165 miles from his residence. It was this move
which triggered Claimant's request for a lump sum payment as provided in
Article XII of the January 8, 1982 National Agreement.
The Organization argues that the act of abolishing a series of positions at the Pocatello Signal
covered by the phrase "technological, operational and organizational" as used
in Article XII of the applicable National Agreement. The Organization argues
further that elimination of positions at the Signal Shop was part of a restructuring program. In add
the Signal Shop. The Organization maintains that Carrier changed the organizational entity of the Si
the moving and transfer benefits.
Form 1 Award No. 28189
Page 2 Docket No. SG-28349
89-3-88-3-115
Carrier states that the actions taken with respect to the Signal Shop
at Pocatello were caused by a fall-off in business and consequent budgetary
constraints. In short, Carrier argues that all that transpired was a reduction in force for business
the Pocatello Signal Shop. Carrier insists that there were no technological,
operational or organizational changes and the shop continued to operate as it
had in the past, albeit with fewer employees.
An examination of the record of this dispute supports Carrier's assertion that there were advers
employment. This is demonstrated by the end product of work continuing at the
Signal Shop with better than a 50 per cent reduction in Agreement personnel.
The crux of this dispute is the charge by the Organization that a technological, organizational or o
However, the Organization has not furnished specific information or evidence
to support its general allegation. As the Board views it, all the record
shows is the abolishing of several positions, including Claimant's. Such
actions do not constitute a violation of Article XII when travel and transfer
allowances are denied (see Awards 7, 69 and 300 of SBA No. 605 as well as
Third Division Award 25363). The Claim, consequently, must be denied.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.