SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) Brotherhood of Railroad Signalmen
TO ) and
DISPUTE ) Southern Pacific Company (Pacific Lines)
QUESTION
AT ISSUE: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Southern Pacific Company (Pacific Lines)
that:
(a) The Southern Pacific Company violated Mediation Agreement
A-7128, dated February 7, 1965, by transferring
Messrs.
Hardy, Betteridge, and Smith across seniority lines without
benefit of an implementing agreement, as specifically re
quired by Article III of the agreement and the agreed upon
interpretations of the Agreement, dated November 24, 1965.
(b) Messrs. Hardy, Betteridge, and Smith be returned to their
home division seniority district and not moved across
seniority lines, until such time as proper notices are
given the organization, and implementing agreements are
consumated to provide for this organizational change.
(c) Messrs. Hardy, Betteridge and Smith be allowed all moving
and personal expenses for moving from the Shasta Division
seniority district to the Sacramento Division seniority
district, and all other benefits of Article V of Mediation
Agreement A-7128.
(d) Messrs. Hardy, Betteridge, and Smith be allowed all personal
and moving expenses for returning to their home seniority
district, as well as all other benefits of Article V of
the Mediation Agreement A-7128.
OPINION
OF BOARD: Resolution of this dispute turns on the question of whether
an implementing agreement is required when making temporary
transfers of employes to perform work on other seniority
districts.
The Organization takes the position that under the terms of
Section 1, Article III of the February 7 Agreement and the November 25
Interpretations, an implementing Agreement is necessary when there is any
transfer, temporary or permanent, of employes to perform work outside
their home seniority districts.
Award No. 70
Case No. SG-15-W
- 2 -
Section 1, Article III reads as follows:
"The organizations recognize the right of the
carriers to make technological, operational
and organizational changes, and in consideration
of the protective benefits provided by this
Agreement the carrier shall have the right to
transfer work and/or transfer employees throughout the system which do not require the crossing
of craft lines. The organizations signatory hereto
shall enter into such implementing agreements with the
carrier as may be necessary to provide for the transfer and use of employees and the allocation or rearrangement of forces made necessary by the contemplated
change. One of the purposes of such implementing
agreements shall be to provide a force adequate to
meet the carrier's requirements."
The Interpretation to this section states:
"1. Implementing agreements will be required in
the following situations:
(a) Whenever the proposed change involves
the transfer of employes from one seniority
district or roster to another, as such
seniority districts or rosters existed on
February 7, 1965."
Carrier takes the position that the February 7 Agreement
contemplated the necessity of an implementing agreement only where a
permanent transfer from one seniority district to another was involved.
It further contends that claimants herein were temporarily transferred
to perform work on another seniority district provided for in a Memorandum Agreement dated July 28, 1950, and supplemented by another agreemeit dated October 11, 1961.
The rationale of Carrier's position is that since a perma~ent transfer necessarily involves a transfer of seniority rights, an
implementing agreement is needed to resolve the problems of seniority
merger; and since the worki,g agreement be twee: the parties makes full
provision for employee temporarily transferred to retain their seniority
on their home division as well as provision for travel, housing, etc.,
an implementing agreement is not necessary.
Even though the word "permanent" does .got appear in Section 1,
Article III of the February 7 Agreement or in the November 25 Interpretations, Carrier contends that this is what was intended because Section 3
of Article II allows for temporary assigmre its without the :ecessity of an
implementing agreement.
Award No. 70
Case No. SG-15-W
- 3 -
Section 3, Article II reads as follows:
"When
t
protected employee is entitled to compensation
under this Agreement, he may be used in accordance with
existing seniority rules for vacation relief, holiday
vacancies, or sick relief, or for any other temporary
assignments which do not require the crossing of craft
lines. Traveling expenses will be paid in instances
where they are allowed under existing rules. Where existing agreements du not provide for traveling expenses,
in those instances, the representatives of the organization
and the carrier will negotiate in an endeavor to reach an
agreement for this purpose."
The organization takes the position that Section 3,
Article II is limited to temporary transfers in the same seniority
district.
The Board cannot accept the Organization's position that
"after the inception of the February 7, 1965, Agreement, Carrier was
not permitted to move work or positions across seniority boundaries
without an implementing agreement."
First, the November 25 Interpretations contemplate changes
under Section 1, Article III without a.: implementing agreement. The
first sentence of page 11 of the Interpretations begins: "In all instances in which the carrier makes a change such as described in Article
III, Section 1, of the February 7, 1965, Agreement which does :rot require
an implementing agreement under Item 1 hereof, ***." (Underscoring added.)
Second, the Board agrees with the Carrier that if temporary
work required an implementing agreement, Section 3 of Article II would be
surplusage, because everything could be handled under the provisions of
Section 1 of Article III.
The Board's view that the February 7 Agreement requires an
implementing agreement only when a permanent transfer is contemplated, is
supported by Awards 32 and 66 of Special Board of Adjustment No. 605.
A14ARD
The answer to the Issue to a Resolved is in the negative.
Nicholas i. . mss
Neutral Mlerdbe,-
Dated: Washiny,Lon, D. C.
May 2G, 1969