AWARD NO. I_~ Case No. 1,1W-S-E

SPECIAL BOARD OF ADJUST.'.°,ENT 170. 605

PARTIES ) Maine Central Railroad Company
TO TI- ) Portland Terminal Company
and
DISPUTE ) Brotherhood of Maintenance of Way Employes

QUESTIONS The Carrier has posed the following questions:
AT ISSUE:
1. Does the proposal contained in to
Carrier's Notice of October 17, 1968
constitute an organizational and oer
ational change of the type contc:::platrd
. by Article III, Section 1, of the ::e~ia
tion Agreement of February 7, 1965 (Case
No. A-7128)?
2. Does the Implementing Agreement propose
by the Carrier in its "Exhibit B" adequately
meet the provisions of Article III of the
February 7, 1965 Agreement?
3. May the Organization be required to enter
into such implementing Agreement with the
Carrier as may be necessary to provide for
the organizational and operational changes
contemplated in Carrier's Exhibits "A" and
SIB,?

OPINION Between May 24, 1965, and September 16, 1966, the

OF BOARD: parties entered into five implementing agreements

providing changes in track sections and the conse

quent exercise of seniority by affected protected employees.

Each of these agreements involved abolishment of a few positions.

The implementing agreement proposed by Carrier following its

notice of May 28, 1968, involved the abolishr;lent of 37 foremen

positions. In all other substantial respects it is identical

with the five preceding implementing agreements and us--s, verbatim,

the same terminology.

According to the Employes, Carrier's proposed agreement is inadequate. One reason advanced is that in or.a of the many changes proposed, involving Sections 49 and 50, part of a section would be placed in another seniority district.

I

AT·;~:: D NO.

Case No. :·::1-_-

Unlike Award No. 5, cited by the Employes, t:.;. E.ur-:c~:: of Carrier's action is rot a merger of seniority d1.stri_t~;.

Another argur,,cnt of the Employes i:, Carrier's aim is simply a desire to abolish posit_Lons. B;:'~. what is involved here, as it was in the cases of t:.c~
,_evicus implementing agreements, is an organi2ation c.1 and c°:=rr-cic. al change. Article III, Section 1, provides that C~rri.-:_ ::z~-.s -ce right to make such changes. Section. 4 specifies t`:c_t the Disputes Committee shall not consider "the rig'::' of t..s c_Zrier to make the c'tlange." The Ccm:,iittee is authorizcd £G_.eiy -'o determine the "manner of implementing the conternplwt~_c change."

The Employes cite Rule 9 of the worki:_,r agr,:~emant, effective 12 years prior to the February 7, 1965, A,re~r.;ent, which provides:

No rearrangement of sections will b:: made unless by agreement between the parties to this agreement.

The Employes contend that Carrier must comply with Rule 9 "before the proposed rearrangement of trac''c sections can be made." This is virtually the entire substance of its submission to the Committee. In effect, what is being urged is that unless the Employes agree, no change proposod by Carrier may be instituted. FIowever, Rule 9 does not limit the February 7, 1965 Agreement. The opposite is true. For the 1965 Agreement refers to this Committee the terms of an implementing agreement about which the parties are in dispute.

The general chairman's letter on the property, dated February 24, 1969, stated that "an Implementing :.greement should provide for a procedure to be followed in offering employees the opportunity to transfer from one seniority district to another..." The rules, Addenda Nos. 11 and 12, resectivaly dated November 21 and 22, 1908, and proposed Addcndum No. 14 a0equately deal with this subject. They amplify the proposed Implementing Agreement.

In addition to Rule 9, the only contEntion in the Employes' submission is that the pertinent provision of Article V should be incorporated in the Implementing Agree::.~nt. Even without specific reference, the applicable provisions of :..~.clc V bird the parties.

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AWARD NO.

Case No. MW-S-E

A W A R D

The answer to the Questions is YCS.

Z,UC-, _2..---_ _._

iltonedrnan, Neutral D:erncer

Dated: Washington, D. C. i

September /Q, 1969

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