SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) Missouri-Kansas-Texas Railroad Company
TO THE ) and
DISPUTE ) Transportation-Communication Employees Union
QUESTION
AT ISSUE: Are employees who were displaced by the
terms of an Implementing Agreement under
the Washington Agreement entitled to the
$400.00 transfer allowance provided in
Article V and other protected benefits
provided in the Agreement dated February
7, 1965?
OPINION
OF. BOARD: This is a companion case to Award Nos. :Z2)and
(Case Nos. TCU-40-;,7 and TCU-62-W).
However, Carrier also contends that the move made
by one Claimant, E. D. May, was due to voluntary action. Ile
could have exercised his seniority to bid a position at Waxahachie, Texas, where he had been employed prior to the
coordination, rather than displace at Lancaster. Since he was
not required to move as a result of the coordination, Carrier
contends, benefits in any case would be due neither him nor
the employees subsequently displaced as the result of his voluntary exercise of seniority.
The Organization notes that Claimant May's position
was abolished and lie consequently was not limited in his right
to displace anywhere in the exercise of his seniority. Although
he chose Lancaster, the Union argues, the move was not voluntary
in its origins, having been initiated by Carrier's abolition of
his position.
Once C'laimant's position was abolished, nothing in
any of the agreements between the parties dictated where he
could then exercise seniority to displace. Since he had this
right, whatever contractual benefits flora to an employee making
Award No.
2·23
Case No. TCU-74-1-1
such a move are due him and those subsequently displaced. Award
No. 208 is in point.
A SP A R D
The answer to the Question is Yes.
t4ilton Fried-man
Neutral Member
Washington, D. C.
November
/,/,,
1970
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