SPECIAL BOARD OF ADJLSTMIENT NO. 605
PARTIES ) Illinois Central Railroad Company
TO THE ) and
DISPUTE ) Brotherhood of Maintenance of Way Employes
QUESTION Is Welder B. K. Golden entitled to "the
AT ISSUE: benefits contained in Section 10 of the
Washington Agreement notwithstanding any
thing to the contrary contained in said
provisions and shall have five working
days instead of the 'two working days'
provided by Section 10 (a) of said 2%g_ree
ment" (Item 2 of agreed-to interpretation
of Article III of the February 7, 1965
Agreement) because of his change of resi
dence on November 2, 1967 made necessary
when the
Carrier effected an organiza
tional change effective June 2, 1967 which
was described by Division Engineer H. D.
LeRoy as follows:
"The welding position at Dyersburg,
Tennessee was abolished and rebulletined
at
Covington, Tennessee
which in effect
only
changed your headquarters from Dyers
burg to Covington, a distance of approximately
38 miles, both of which are located
on
the
Fulton District, Tennessee Division."
OPINION The welder's position in Gang No. 323, occupied
OF BOARD: by claimant, had been headquartered at Dyersburg,
Tennessee. On June 2, 1967, it was abolished and
rebulletined on June 5 at
Covington, some
38 miles away. The
position remained in the same seniority district.
Claimant bid the bulletined position and went
to Covington. He then claimed the benefits of Section 10 of the
Washington Agreement, pursuant to Section 2, page 11, of the
Novemher-24, 1965, interpretations. According to the Employes,
Carrier had made an organizational change, not requiring an
implementing agreement, and Claimant was obliged to charge his
residence to retain protected status.
AWARD
:; o . /2
Case No. 1,:67-:;7-W
Carrier
contend:, that
abolishment of a position
is not an organizational
change, citing
P.ward No. 7 of this
Committee. Further, it was said, Claimant could have Cispiaced
a welder's helper in Dyersburg and therefore wass not required
to move. Carrier also argued that no move was required, since
the seniority territory on which Claimant worked was unchanged,
and it was only the location of the headquarters which had been
shifted.
Award No. 7 is distinguishable. That daait merely
with outright abolishment of a position. In this casc, the
re-establishment of the same position in a different location
does represent an
organizational chance by
Carrier; the arolishment was merely the technical procedure for changing the format
of the organization. Organizational changes can occur within
a seniority district as well as among different districts.
7fiat the same 71 miles of track continue to
constitute the district does not affect the question of a
chango in residence. The location of-. Claimant's headquarters,
to which he regularly reports, is the relevant
consideration.
Since Section 3 on page 11 of the interpretations does not
prohibit the benefits of Section 10 of the Washington Agreement when the location of the work exceeds 30 miles, those
benefits are deemed to be appropriate.
With respect to Carrier's
contention that
Claimant
could have displaced a welder's helper in Dyersburg, Claimant
would thereby have lost his guaranteed compensation as a welder.
The Agreement does not require him to make such a choice, for
it protects his October 1, '1964, rate, unless he voluntarily
exercises his seniority to obtain a lower position. Claimant
chose to exercise his seniority to obtain a welder's position,
although at
a more distant location in order to protect his
compensation, and became entitled to the benefits sought.
A W A R D
The answer to the Question is "Yes."
M ltoFrian, Neutral Member
eam Dated:
Washington, D
. C.
September/o, 1969
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