SPECIAL BOARD Ox' .i 9.iU3Tr-fNT NO. 605
PARTIES ) Atlantic Coast Lire I-;ailroad Company
TO THE ) c
nci
DISPUTR ) Transportation-C^;°r~.unication Employees Union
QUESTIONS
AT ISSUE: 1. Is Carrier p=nittcd to abolish a position
covered by the Telegraphers' Agreement, and
combine the woxk thereof with another posi
tion covered by the same Agreement at another
location, without first following the proce
dure set forth in Article III, Sections 1
,and 2 or 3?
2. Did Carrier violate the Agreement when it
moved work performed by employes covered
by the Telegraphers' Agreement from one
point to another without first following
the procedure set forth in Article III,
Sections 1 and 2 or 3?
OPINION
OF BOARD: To replace various buildings at its facility in Fitz
gerald, Georgia, Carrier constructed a new building which
housed the Telegraphers formerly employed in the yard
office and the nearby freight agency. One less position was
required as a result.
According to the Organization, Carrier was obliged to
enter into an implementing agreement in accordance with Article
III of the February 7, 1965, Agreement. Carrier, noting that
neither work nor employees were transferred, and that under the
schedule agreement nothing had occurred ;which would have required
conference and agreement with the Organization, contends that the
February 7, Agreement was not violated or even involved in this
situation.
AllrARD No.
Case No. TCU-11-SE
The same issue was presented to the Third Division
.·nder the schedule <e~,,xeement and was decided by Public Law Board
.;:5.
1J,', Award iio. i, whic:i held that the Carrier was not obliged
to negotiate an aqreement with the CrrTanization, and that no violr:tion of any rul.,3 was
sho,:;L.
Con_^c:uently, it must be held that
n;-t?aer Article
'rT'C
of t2ie :, cbruarv 7, Agreement nor interpretation
I?II)) on Page 10 ox` the Tnte~pretationc of 17ovember 24, 1965, can
e construed to reouire an
Lmplementing agreement
in a case like
this.
A W A R D
1. Under the facts of this case, the
answer to Question No. 1 is Yes.
2. The answer to Question No. 2 is No.
Milton Friedman
Neutral Member
Dated: July, 1971
Washington, D. C.
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