Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29294
THIRD DIVISION Docket No. MS-29775
92-3-91-3-151
The Third Division consisted of the regular members and in
addition. Referee Hugh G. Duffy when award was rendered.
(C. E. Bradley
PARTIES TO DISPUTE:
(Norfolk Southern Railway Company
STATEMENT OF CLAIM:
"Carrier violated the Signalmen's Agreement, particularly Rule 7(j),
when they changed my headquarters at Black Mountain, N.C., and then on bulletin SS-90-1 assigned jun
past my former headquarters point at Black Mountain, N. C.
Carrier now be required to grant me my rights under Rule 7(j) and
permit me to take charge of the territory which included my former headquarters at Black Mountain, N
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 were given due notice of hearing thereon.
Claimant is employed as a Signal Maintainer with territories in and
around Ashville, North Carolina. Beginning in 1989, the Carrier made two
changes in Claimant's territory:
(1) Effective September 11, 1989, his territory was changed to
extend from MP S-73.4 to MP S-126.4, and his headquarters changed from Black
Mountain, North Carolina, MP S-125.1 to Old Fort, North Carolina, MP S-109.7.
At the same time, the Carrier changed Signal Maintainer S. R. Davis'
territory to extend from MP S-126.4 to MP S-139.0, with headquarters at
Ashville, North Carolina.
Form 1 Award
No. 29294
Page
2
Docket
No. MS-29775
92-3-91-3-151
(2)
Effective January
15, 1990,
Claimant's territory was changed to
extend from MP
S-73.4
to MP
S-111.3,
with his headquarters remaining in Old
Fort, North Carolina.
The junior Signal Maintainers' territory was also changed to extend
from MP
S-111.3
to MP
S-138.9,
with his headquarters remaining in Ashville,
North Carolina. Said new territory included Claimant's former headquarters at
Black Mountain, North Carolina.
The Organization filed a claim alleging that the provisions of Rule
7(j) of the Agreement allow Claimant to exercise his seniority for the territory now held by the jun
overtime rate of pay for each day involved, plus
25 1/2
cents per mile for
32
miles travel each day, and for change of residence benefits under Article VIII
of the National Agreement.
On February
18, 1991,
Claimant was advised by his General Chairman
that the Organization had declined further handling of the claim. Claimant
then progressed this matter to the Board on his own behalf, but now seeks only
the remedy of requiring the Carrier to permit him to take charge of the territory now held by the ju
Rule 7(j) reads in pertinent part as follows:
"7.(j) When regularly assigned maintenance territories are re-arranged necessitating abolishment
moving headquarters, the employee whose headquarters
are abolished or moved shall have the right (qualifications being sufficient) to take charge of the
territory which includes his former headquarters,
provided his seniority is greater than that of the
employee whose territory is extended to cover his
former headquarters;
When a change other than that provided for in the
first paragraph of this Rule
7(j)
is made in the
regularly assigned location of a maintenance
employee's headquarters, or when the territorial
limits are materially changed (either lengthened or
shortened), employees regularly assigned to such
positions so changed shall have the option, within
twenty
(20)
days from date of change, of remaining
thereon, if qualified, or exercise a displacement
right in accordance with the provisions of this Rule
7,
paragraphs (a), (b), (c), (d) and (e),
...
The Claimant contends that if the Carrier had made changes to his
territory all at once, instead of in increments over a four month period, he
would have had the right under Rule
7(j)
to take charge of the territory which
now includes his former headquarters. Claimant asserts that this was a deliberate, calculated plan b
Form 1 Award No. 29294
Page 3 Docket No. NS-29775
92-3-91-3-151
After reviewing the record, the Board finds that there is no evidence
that Carrier's actions in rearranging the territories were anything other than
legitimate exercises of its right to make operational, changes as necessary to
meet its service needs.
Even assuming that Claimant could have exercised his seniority rights
on the date of either change, Rule 7(j) requires that he exercise such rights
within 20 days of the date of the change, and the record shows that he did not
attempt to do so.
We therefore find that Claimant has not sustained his burden of proof
that Carrier has violated Rule 7(j), and the claim must accordingly be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
-Nancy J. ~- Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.