SPECIAL BOARD ~' ' '.afSTi.1_,I~T NO. 605
PARTIES ) The Atchison, Tc::,__.;.·,nd Santa Fe Railway Company
TO THE ) -Co-A
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r,iner-
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DISPUTE ) Transrortation-C~.. :~·.`...:_:.io:a Employees Union
QUESTION
AT ISSUE: To avoid loss o;: allowance as computed
under Article IV, Section 1 and to avoid
loss of moving expenses and five working
days' pay under Article III, must an
employee who knows that his position soon
will be abolished, refrain from applying
for positions advertised to be vacant?
OPINION
OF BOARD: Claimant, a Telegrapher-Clerk at Cadiz, California,
was officially notified on August 23, 1965, that his
position was abolished effective August 31, 1965. He
thereupon bid a vacant Telephoner-Printer-Clerk position at San
Diego, California. Bids closed out on August 23, and on August
24, Claimant was declared the successful bidder but was held on
his Cadiz position until August 31.
According to Carrier, Claimant voluntarily exercised
his seniority by bidding prior to the actual abolishment of his
position. The organization contends that since Claimant was
notified that his position was being abolished his move was not
a voluntary one but the result of Carrier's action. He did
remain at Cadiz until August 31, when his position disappeared,
and after that date he occupied the San Diego position.
A move which is the result of Carrier's abolishment
of a position cannot be defined as a voluntary exercise of seniority. As the organization points out, it is not even in the
self-interest of Carrier for an employee to wait until his position is actually abolished before bidding a vacant position,
AWARD 170. '15
Case No. TCU-33
,_ :,.:i s:.;cn to commence what may be a chain of displacements, each
o~::~ v:: which may require compensation to affected employees.
In this case Claimant was officially notified that
.....~ pus1tion was
u~.i:;;
abolished and once that occurred his -.o-,e
t,,',._
no' "t::=o normal caercise of his Pcniority...by reason
or a
voluntary action," i:x the wards of Article 1V, Section 3.
A W A R D
In the circumstances of a case like
this, the answer to the Question is
No.
Milton Friedman
Neutral Member
Dated: July
X
, 1971
Washington, D. C.