SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) The Atchison, Topeka and Santa Fe Railway Company
TO THE ) and
DISPUTE ) Transportation-Communication Employees Union
QUESTIONS
AT ISSUE: 1. Does the transferring of any work performed
by employees covered by the Telegraphers'
Agreement to employees not covered by that
Agreement constitute a violation of Article
III, Section 1?
2. Due to their position being abolished, or
due to being displaced on their positions as,
a result of abolishment of other positions,
B. E. Waldrum and R. W. Tyler, in order to
retain protected employee status, were forced
to displace on positions requiring change in
residence. Did Carrier violate Article III,
Section 1 when it refused to allow them all
moving expenses and five working days' pay
in making transfer to their new positions?
3. Does the abolishment of positions, made possible through the discontinuance of operation
of certain trains, and/or reduction of business
at certain stations, constitute operational or
organizational changes within the meaning of
Article III?
4. Do time limits under Time Limit Rules start
to run 30 days after November 24, 1965 with
respect to all claims for compensation due to
individual employees?
OPINION
OF BOARD: Questions 1, 3 and 4 have been withdrawn by the
organization.
AWARD NO.
z~7
According to the organization, "Carrier now operates
each station without the services of the former Telegrapher on
the first shift." The positions had been abolished and the work
was performed by others.
Abolition of a position is not an operational or
organizational change, according to Award No.
7
and to many
other Awards which followed it. What occurred in this case
was a reduction in,force due to a decline in business and the
performance of the remaining work by a smaller work force. No
violation of Article III is involved.
A WAR D
1. Question Nos. 1, 3 and 4 have been
withdrawn by the organization. _
2. The answer to Question No. 2 is No.
44
Milton Friedman
Neutral Member
Dated: Washington, D. C.
MarchX7, 1972