N. C. CROTTY FRANK L. NOAKES
PRESIDENT SECRETARY-TREASURER
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AFFILIATED WITH THE A.F.L.-E.LO. AND C.L.O.
GRAND LODGE
12050 WOODWARD AVE., DETROIT. MICHIGAN 48203
OFFICE OF
PRESIDENT
79 T,~
,~f605
2-7-1 7/VO5
2-7-65
Western Pacific
March 4, 1969
Mr. J. J. Berta
704-06 Consumers Building
220 South State Street
Chicago, Illinois 60604
Dear Brother Berta:
Re: Special Board of Adjustment X605
(Disputes Committees February 7, 1965 Agreement)
For the completion of your records I enclose three copies
of Award No. 29 of Special Board of Adjustment X605 in Case No.
SG-6-W involving the Brotherhood of Railroad Signalmen and the Western
Pacific Railroad Company.
With best wishes, I am
Sincerely and fraternally yours,
;;~/~ ~~
Presidefrc-Enclosure
DIM n9
L9
v~
Award No.
29
J^
-- Case No. SG-6-1.4
SPECIAL BOARD OF ADJUSTS:
---NT N0. 605
PARTIES ) Brotherhood of Railroad Signalmcn
TO ) and
DISPUTE ) Western Pacific Railroad Company
QUESTION
AT ISSUE: Should Carrier now be required to compensate IJ. D. Dakan the
difference between the General Test Maintainer and the Relief
Signalman Maintainer rates of pay from close of business October
30, 1964, until he is restored to a General Test Maintainer or a
higher rated position.
OPINION On October 1, 1964 claimant was the incumbent of a General Test
OF BOARD: Maintainer position headquartered in outfit care - Oroville to
' Portola (205-317 miles from San Francisco). On October 30, 1964
claimant's position was abolished and he bid in a lower rated Relief Signal Main
tainer position headquartered in the same area.
When claimant elected to take the Relief Signal Maintainer position,
he could have exercised his seniority to a higher rated Draftsmen's position at
San Francisco. Carrier refused a compensation guarantee at the higher rate under
Article IV Section 4. A question emerged as~to whether a change of residence was
entailed under that provision.
We conclude that since the record lacks sufficient evidence to the
contrary, claimant did maintain his residence in the outfit cars and a move to San
Francisco would have been a change of residence within the contemplation of the
February 7, 1965 Agreement. Therefore, claimant is entitled to the difference in
compensation.
Because of the unique facts and circumstances of this award, there
is no intent to establish a precedent on this or any other carrier.
AWARD
Claim disposed
of in accordance with the opinion of Board.
CARRIER MEMBERS
ErT1DYEE f.;.MB°RS
. _ _ ~.G'~fllGri.
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liaehington, D. C., lrebsunry 7, 1969