SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) Toledo, Peoria & Western Railway Company
TO THE ) and
DISPUTE ) Transportation-Communication Division, BRAG
QUESTION
AT ISSUE: Is Carrier in violation of Article V of
the Agreement in refusing to extend to
P. R. Howard the option of accepting
separation pay in lieu of transferring
to a new location when his position of
agent at Piper City was abolished and
combined with the position of agent at
Gilman, Illinois?
OPINION
OF BOARD: Article V of the February 7 Agreement provides that
a protected employee with 15 years of service, "who
is required by the carrier" to transfer to a point requiring a
change in residence, may opt to take a lump-sum separation
allowance.
Claimant's position as Agent at Piper City, Illinois,
was abolished in 1967 in connection with a dualization permitted
by a 1962 agreement between the parties. Under the rules he
could have displaced any one of five junior employees. The record
does not indicate that he acted to displace any one of them.
According to Carrier, one position available to him was 17 miles
from his residence.
Under the Interpretations if an employee is not
"required to work in excess of 30 normal travel route miles
from the resid::nce he occupies... such employee will not be
considered as being required to change his place of residence."
The February 7 Agreement does not permit employees to choose a
separation allowance merely because their positions are abolished
pursuant to an implementing agreement. The particular conditions
set forth in Article V must be met. One of the conditions is that
the new point of employment require the change in residence.
AWARD NO.
Case No. TCU-99-W
In this case the Article V conditions have not been
met. Claimant voluntarily chose not to displace a relatively
nearby employee. There was no "request" by Carrier pursuant
to an implementing agreement that he transfer "to a new point
of employment requiring him to move his residence." Consequently, Claimant was not entitled to the election specified
in Article V permitting him to resign and accept a lump-sum
separation allowance.
A W A R D
The answer to the Question is No.
Milton Friedman
Neutral Member
Dated: Washington, D. C.
March/7, 1972
_2-