SPECIAL BOARD OF ADJI!STMEN'f v0, 605
PARTIES ) Brotherhood of Railroad Signalmen
TO ) and
DiSPIITE ) 'the Western Pacific Railroad Company
QUESTION
AT iS51!E: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on The Western Pacific Railroad
Company that G. L. Neilson is entitled to a, adjust
ment in compensation under the February 7, 19W Agreement
because Carrier's unilateral transfer on January 24, 1966,
of the headquarters of its Signal and Communications
Department from San Francisco to Sacramento resulted in
Mr. Neilson being reduced from a Signal Draftsman at
San Francisco ($661.81 per month) to a TICS Maintainer
position at Wells, Nevada ($3.098 per hour).
OPINION
OF BOARD: On October 1, 1964, Claimant, a "protected" employee, we,,
regularly assigned to the position of TCS Maintainer at
Wells, Nevada at the rate of pay of $2.998 per ho:m . On
Dacember L, 1964, he bid and was successfully assigned to
the position of Signal Draftsman at San Francisco. This position was higher
raced than that of TES Maintainer ($661.81 per month.)
On
January 1, 1966, Carrier consolidated its Signal and
Communications Departments, a ,d established the headquarters for the com
bined departme·ts at Sacramewtn. Claimant, after being advised that his
position and work was to be transferred to Sacramento, elected to return
t< !Jells, Nevada displacing a junior employe occupying a position of MS
Maintainer.
The Organization contends that under the terms of the
February 7 Agreement, Claimant's protected rate of pay as of January 24, 1966.
(the time of the transfer back to Wells, Nevada) was that of a Signal
Draftsman and was thereafter e.,titled to that rate even though he was re
duced from Signal Draftsman to TCS Maintainer.
Section 1, Article IV of the February 7 Agreement reads
as inflows:
"Subject to the provisions of Section 3 of this
Article IV, protected employees entitled to preservation
of employment who hold regularly assigned positions on
October 1, 1964, shall .wt be placed in a worse position
with respect to compensation than the normal rate of
compensation for said regularly assi_&ned4osition on
October 1 1964; provided, however, that in ad·i,tinn therl·
to such cnmne isatirm shall he adjusted
to
incl Ar sV>-
sequent
f;'a
oral wage increases."
> 0·ndrrsr
,rn .Wo6
·d.;
Award
No. 68
Case
No. SG-13-W
_ j _
Section
3,
Article IV reads:
"Section
3.
Any protected employee who in the
normal exercise of his seniority bids in a job or is
bumped as a result of such an employee exercising his
seniority in the normal way by reason of a voluntary
action, will not be entitled to have his compensation
preserved as provided in Sections 1 and 2 hereof, but
will be compensated at the rate of pay and conditions
of the job he bids in; provided, however, if he is
required to make a move or bid in a position under
the terms of an implementing agreement made pursuant
to Article III hereof, he will continue to be paid in
accordance with Sections 1 and 2 of this Article IV."
Question and Answer
No.
1 interpreting Section
3 is
quoted as follows:
"Question
No.
1. If a 'protected employe' for
one reason or another considers another job more desirable than the one he is holding and he therefore
bids in that job even though it may carry a lower rate
of pay than the job he is holding, what is the rate of
his guaranteed compensation thereafter?"
"Answer to Question 1. The rate of the job he
voluntarily bids in."
Sections 1 and 3 of Article IV, (considered together
with Question and Answer No. 1 interpreting Section 3) mean that a protected employe's guaranteed compensation shall not thereafter be less
than the normal rate of compensation he was entitled to on October 1, 1964,
unless the employe voluntarily chooses to take a lower rated position. If
he chooses to take the lower rated position, then the rate of that position
becomes his guaranteed rate of compensation. The language does not provide, as the Organization contends, for an upward adjustment of the
guaranteed compensation rate (except, of course, for general wage increases).
AWARD
The answer to the question presented is in the negative.
~Nicholas H. Zuma
r
Neutral Member
Dated: Washington, D. C.
Mav 26, 1969