SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES) Brotherhood of Railway, Airline and Steamship Clerks, Freight
TO ) Handlers,Express and Station Employes
DISPUTE ) and
Western Maryland Railway Comps-y
QUESTION 1. -Did the Carrier violate the rules of the February 7, 1965
AT ISSUE: Agreement when it refused to make an implementing agree
ment and allow a separation allowance for Mrs. A. Celeste
Condy and Mrs,
K. K.
Wyatt, when it abolished their
positions at Baltimore, Maryland and transferred the work
to Hagerstown, Maryland on April 1, 1972?
OPINION
OF BOARD: Effective April 1, 1972, telephone
switchboards at
Baltimore
and Cumberland were removed and the operator positions
abolished. Upon abolishment of their positibns, Claimants
elected not to exercise their seniority rights to a position at Hagerstown -
a distance of approximately seventy-five miles from Baltimore. Thereafter, the
Organization filed the instant Claim alleging that the Carrier violated the
February 7, 1965 National Agreement, by failure to enter into an Implementing
Agreement. Article V of the February 7, 1965 Agreement, in substance, provides
for a lump sum separation allowance in the event an Implementing Agreement has
been made. Hence, the Organization's thrust herein is to the effect that
Carrier was required to negotiate an Implementing Agreement.
In support of said argument, the Organization alleges that the
Carrier made "--substantial operational and organizational changes in transferring all telephone switchboard operations to Hagerstown, Maryland, on April 1,
1972, and refused to enter into an implementing agreement to provide for the
work transfer and protecting benefits for the adversely affected employees."
In turn, the Carrier rejected the Organization's contention
that an operational and organizational change had been affected. Instead, it
alleged that, "the result was accomplished by utilizing the capabilities of the
existing system rather than introducing any new technologies."
In essence, the Carrier contends that the abolishment of the
positions herein was a result of a sharp decline in business; therefore, it
caused a significant reduction in the number of telephones and in the telephone
service required. Furthermore, Claimants could have displaced at Hagerstown -a failure to obtain a position available in the exercise of seniority rights -Article II, Section 1 of the February 7, 1965 National Agreement. In addition,
the instant dispute is concerned solely with a normal abolishment of positions,
without any technological, operational or organizational change; hence, an Im-
Award No. 347
Case No. CL-59-E
plementing Agreement was not required.
Thus, the nub of the Organization's argument is predicated
upon the fact that where work only is transferred, the Carrier is required to
enter into an Implementing Agreement. Our Board has consistently adhered to
the principle that Article III, Section 1 of the February 7, 1965 Agreement,
does not require an Implementing Agreement where the transfer of work only is
involved. See Award Nos. 40, 42, 43, 106, 124, 189, 191, 206, 216, 219, 248,
276, 284 and 291.
It is, therefore, our considered judgment that the Carrier did
not violate the Agreeement.
Dated: Washington, D.
April 18, 1973
Award:
The answer to the question is in the negative.
urray Rohm:
7-77 L,
Neutral Member