"(1) Did the carrier violate the CNW April 26, 1972 agreement referred to as `Appendix D' when it failed and refused to compensate myself (T. R. Jensen) the real estate benefits available under Appendix D, when 1 was required to change by point of employment resulting in a change of my residence in October of 1992?

(2) If the answer to the above question NO I is in the affirmative, the carrier shall compensate myself (T. R. Jensen) to 12°/6 of the fair market value of my home, by using the CNW'S Appraisals which were done in December of 1992 to figure the market value."

Parties to said dispute were given due notice of hearing thereon.

The instant case involves a dispute over the application of Appendix D, Article IX and X of the Agreement between the Parties. At the time the dispute arose, Claimant was employed in the Carrier's Materials Department in Council Bluffs, Iowa. On October 8, 1992, Claimant's position at Council Bluffs was abolished. On October 12, 1992, Claimant displaced to Marshalltown, Iowa. He began work in that new position on October 19, 1992. At or about the same time, Claimant applied for the 5500.00 transfer allowance available under Article IX-B of the Agreement. He later applied for the real estate benefits under Articles IX and X, on November 2, 1992. While employed at Marshalltown, Claimant took a three week vacation from October 26, 1992, through November 13, 1992. Claimant was displaced from the Marshalltown position on December 4, 1992, subsequently displaced a Yard Clerk job at Fremont, Nebraska.

Article IX and X read in pertinent part as follows:

"(a) Any employe of the carrier coming under the scope of the agreement between the carrier and BRAC who is continued in service after having been adversely affected by force reductions resulting from permanent abolishment of a position (or who is later restored to service from the group of employes entitled to receive a furlough allowance) who is required to change the point of his employment as a result of such abolishment of a position and is therefore required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects and for the traveling expenses of himself and members of his family, including living expenses for himself and his family and his own actual wage loss during the time necessary for such transfer, and for a reasonable time thereafter, (not to exceed five working days) used in securing a place of residence in his new location. No claim for expenses under this Section shall be allowed unless they are incurred within three years from the date adversely affected and the claim must be submitted within ninety (90) days after the expenses are incurred. Change of residence shall not be considered 'required' if the reporting point to which the employe is changed is not more than 30 miles from his former reporting point, to be computed via the most direct highway mileage.

(b) Any employe entitled to benefits under Article IX, Section (a), shall. in addition thereto, receive a transfer allowance of five hundred dollars ($500.00).

ARTICLE X