Award No. 76

Case No. SG-4-SE

SPECIAL HOARD OF ADJUSTMENT N0. 605

PARTIES ) Brotherhood of Railroad Signalmen
TO ) and
DISPUTE: ) The Chesapeake and Ohio Railway (Chesapeake District)

Q UESTION
AT ISSUE: Is W. W. Stewart, Huntington Division employe, Identifica
tion No. 245708, entitled to the benefits contained in
Section 10 of the Washington Job Protection Agreement and
five (5) working days off with pay in accordance with the
provisions of the February 7, 1965 Mediation Agreement and
the Interpretations of November 24, 1965 of that Agreement?

OPINION
OF BOARD: In order for Claimant to prevail, it must first be shown
that the abolishment of his position was a "technological,
organizational, or operational change" as required by
Section 1, Article III of the February 7 Agreement.

Award No. 7 of this Board has held that an abolished position is "neither a technological, organizational nor operational change within the meaning and intent of Section I of Article III of the February 7, 1965 Mediation Agreement. Since the change is neither technological, organizational nor operation, no moving expenses are allowable."

This Board is not prepared to hold that award palpably erroneous, and is bound thereby.

AWARD

The answer to this Issue to be Resolved is in the negative.

~i, l' l

icholas H. umas

Neutral her

Dated: Washington, D.C.

May 26, 1969 ~~l'