· C:._:: In.SG ~.1-1,
SiC
Thl. RC?^.till 0:? Ci).7175'iiti;~,'i: i';;>. 005
PARTIES brotherhood of Si-nalii:an
TO ) and
DIS1'U'i'E ) Soutilcrn Pacific Co;,:hany (Pacific Lines)
QUESTION
AT
ISSUE:
A. The Southern 1'aci.fi.c Co:rp:-,ny violaaed Li- :::ci,<tiGn
AUrc:efrc-,nt deitcd 1'ebru,-.ry 7, 1965, and
a;:,
wecc'-u~:rn
Interpretations of tiic·.t A~ree_uC d»,:od :?o-.-~.. cr 24,
1965, when it failed to cor~>J.y wit-11 Scc;:i.Ga 2 of Article
III of t:h: se i_i;terpret ationn and th:: arc; :.~r.t by not
allowing 11Y. Ii.itu3al'r'i ail the ben3f
lI:S COn::2.1-i::1Ci 7.i1
Section 10 of the Llashington ?:gre;·n:.nt urilcil i.'.-.. 11a,--lard
laces caused to
chan,re his
place of re; ic'_ncc: i. n ore':;: to
retain his pr0'i':P.CtCd status dl=.^.. t0 .'·.il Gt._'.rC:;aOr:Fa oil»ng,e
of the C<^rri.er on February 21, 1965.
B. Mr. C. B. IIa;;~ard b~
allowed
five (5) days
to
tc,.·: Si~:,:a
r;aintainer s daily race oz pay for th=:: d~= s o::
Feb::u :ry
21, 23, 24, 25, and 23, 1966.
C. Mr. Haggard be allow; d reir:,Surse:.-.ent of all riovi.n~ and
personal expenses incurred by bile and r.:e:::~ers o:: his
family, as specifically provided in Section 10 of the
Washington Agreci wet, while gloving fron :'o jive to Tula ra,
California, to retain his protected states.
OPINION
07 BOARD: Claimant, a protected employe, was "bumped" fro:, his Signal
Z·faintainer's position at Mojave, California and elected to ~
displace a signal :nai.ntainer at Tulare, California, a poin~
approximately 130 miles from P:ojave.
Y
In denying the claim, Carrier contended that Claimant could
have displaced on a position with the 1`egger gang whose h^a;louarters~
were located at Lancaster -- less than 30 miles away. _
The November 24
Interpretations of
Section 2 of Article III
of the February 7 A;,reement provide for certain benefits enuri2rated in
the Washington Agree=ent when an employe is required to
change
his place
of residence in order to retain his protected status. The Interpretations
go on to provide that:
"3. When changes are made under Items 1
0:
2
above which do not result in an employe being r--.auired
to work in excess of 30 normal travel route miles from
the residence he occupies on the effective date of the
change, such employe will. not be considered as bein_
required to change his place of residence unless otherwise agreed." (Underscoring added.)-
~;./s
'_=W1,
i(/
' Can.
J,
SO-110
Carrier takes the
()O;1.i11011
Aar "Work" , ....,. A
UG6;O.:_'f.iC'tA
are synonymous. Tire Board do;a not : ^:ce. If the partica had int:..-,..cd
the distance uetween resin; lice and 1·ea(Iduarters to be not is e;:ccss cf
30 miles, it would have been ,. si"21c natter to say so.
Ai'?.L;D
The Claim is sustained. ,
~, /r
,
ll;'_~
,~,,~-~>;--
j,`I; c. / ~i
,
Nicholas H. Zu::;:.;t
Neutral Am
oU.
Dated: Washington, D. C.
June 24, 1969