SPECIAL BOARD OF ADJUST:-2172 NO. 605
.PARTIES ) The Atchison, Topeka and Santa Fe Railway CoMpany
TO TIE ) and
DISPLTB ) Brotherhood of Railroad Signalmen
ISSUE: Claim of the General Ccmmittec of the
Brotherhood of Railroad Signalmen on
The Atchison, Topeka and Santa Fe Rail
way Company on behalf
O=
R. E. Swecker
for payment of reimbursement of moving
expenses amounting to $48.05, which was
the cost of gasoline used in pick-up
truck and automobile in moving from
San Bernardino, California, to Winslow,
Arizona.
OPINION The basic question is ~,7hether a force reduction
OF BOARD: is a technological, operational or organ.zational
change entitling an employee, whose position is
consequently abolished, to moving expenses when he displaces a
junior employee at a distant location.
The import of the Employes' argument is
'chat
waenever there is any force reduction the organizational structure
has changed and, under Item 2 on page 11 of the interpretations
of November 24, 1905, moving expenses are payable. carrier contends that "bona fide labor cutbacks necessitated by immediate
or anticipated decreased work loads" do not come within the
definition of operational, organizational and technological
changes.
If "operational" or "organizational" Chcnges were
intended to cover something as --frequent and ordinary as a reduction in force, there are few changes to which such an er_pansiva
definition would not apply. Virtually every action initiated by
Carrier affecting personnel could then be so described. In fact,
instead of using such general terms as "operational" and "organizational," the February 7 Agreement and the interpretations would
SARD N0.
/)r
have done batter to list the rare exceptions.
Without attempting to specify limits w.thin
which changes
can be construed as "operational" or
'o~,~a,_i'zational, " It is apparent that an ordi ncxy reduCton
of
io-Ces
due t0 a fluctuation in business does not fit t-1e de`in ition .
what occurred in this case did change the n_rber of e"ployecs
in San Bernardino and did cause a shift when Cla imant d_-placed another employee at Winslcw, but
this
cannot be cCsc::= ed
as effecting any substantial alteration in Carrier's operational
or organizational structure.
Award
NO. 7
Weak. with
Si·.'1E11~n-
CirCL:a.lStenCC-S
e:='2C;
held that what occurred was "neither a technologic=:--, o-cga niza=
tional nor operational change within the meaning and- int-C-nt of
Section 1 of Article III of the February
7, 1965
1._cdi C:.tioi 2~cr.':'eement." The Employes have taken strong exception to this e_nu --o
Awards based upon it, but there is no reason to hold that :ward
No. 7 failed to apply the Agreement and Interpretations accurately.
A 11 A R D
Claim denied.
Milton Friedman
Neutral Member
Washington, D. C1
December g , 1969
_2_ .