Parties to Dispute:

      Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and station Engloyes


      and


      Atlanta and West Point Railroad Co. The Western Railway o£ Alabama Seaboard Coast Line Railroad Co.


Statement of Claim:

      1. Carrier violated the Agreements when it failed and/or

      refused to pay F. J. Tabary, Jr., clerk, Atlanta and West

      Point Railway Co. - The Western Railway of Alabama, for the

      sale of his house, 2576 Full Run Drive, Decatur, Ga., in

      accordance with Section 11 of the Washington Job Protection

      Agrec.mer.t.


      2. Carrier shall be re^uired to reimburse F. J. Tabary,

      Jr., for closing cost, points and commission in the amount

      of $3,600.00 in accordance with Exhibit No. 3 attached hereto.


Opinion of Board:

 Pursuant to Memorandum of Agreement dated February 6, 1973, bctwocn S;'L-A&WP and BRAG (including provisions of Sections 10 and 11 0£ the Washington Job Protection Agreement), Claimant Tabary followed his work to Jacksonville, Florida, reporting for duty with the SC1,. Claimant's home was appraised far the purpose of determining estimated market value; Carrier and Claimant being satisfied with the appraisal. Claimant was told to proceed with the sale, promptly contacting carrier before any action should he be unable to sell the home for its appraised market value.

 Claimant notified Carrier that he had a firm offer, pointing nut that the offer was $500 short of the agreed fair market value. Claimant was told that Carrier had decided against purchasing the property and roe was advised to proceed with the sale and was furnished voucher in the amount of $500, representing the difference bca;:cen the appraised value and the purchase price obtained in the sale.

 This claim is for expenses incurred in the sale by Claimant, enumerated as follows:
 Page 2
 Award 33
 Public Law Board No. 1157

 Revenue stamps · . . . . . . . . . $ 30.00 Brown and Reese Realty CO. (commission) . . 7,800.00

 Loan Discount . . .

 Cancellation . . . .

 Pilot Life Insurance Co.

 (Early payment penalty)

 Gateway City Electric
 buGTC Premium and Fee
 Scott Exterminating Co.
 Joseph Turpin . . . .
 B. R. Lucas . . . .
 Recording Assignment Pee
 Disclosure Statement
 Realty Tax Service
 Closing Cost . _
 Closing Cost Balance

 235.00

 1.00

 161.32
 15.00

305.00 15.00

15.00
 15.00

2.00 56.00

15.00

862.50 ?5.00


$3,596.82

 It is the position of the organization that Carrier violated sub--paragraphs 3 and 2 of Paragraph (a) of Section 11 of Lhe Agreement of May, 1936, Washington, D.C., ejuotnd:

      1. If the employee owns his own home in the locality f-.om

      which he is required to move, he shall at his option be reim

      bursed by his employing Carrier for any loss suffered in the

      sale of his home for less Lhan it_s fair value. Ti: each case:

      the fair value of the home in question shall be deLermired

      as of a date sufficiently prior to the coordination to hc~

      unaffected thereby. The employing Gamier shall in each

      instance be afforded an opportunity to purchase the home

      at such fair value before it is sold by the employee to any

      other party.


      2. If the employee is under a contract to purchase his

      home, the employing Carrier shall protect him against loss

      to the extent of the fair value of any equity he may ?:eve

      in the home and in addition shall relieve him from any

      further obligations under his contract.


Carrier maintains that its sole liability lies in reimbursing the employee for any lass suffered in the sale c£ his home for less than its fair value, and that a Carrier's liability thereunder is in no way extended to include any additional reimbursements for expenses incurred by the employee in the sale. Carrier cites Award of Public. Law Board iso. 428 in support of its position.
 Page 3
 Award 33
 Public Law Board No. 1157

 We note the language of Award of Public Law Hoard No. 428 between AWATP-WA-AJT and Sheet Metal Workers. This Award takes no notice of the fact that Claimant Whittle had no alternative out to agree to the conditions attached to the transaction following "credits to Purchaser" if he ;rigs Lo collect his equity and move his household with impunity. Moreover, it fade,, to ta7:e into account that action by the Carrier not to purchase the home forced Claimant to make the deal and accrue seller costs on the open market.. For these reasons, among others, this Board does not find the Award controling.

 The history of employee protection in the industry goes to the EmerqenCV Railroad Transportation Act of 1933, Act of June 16, 1933, ch. 91, Sections 1-17 and 209, 48 Stat. 211. This law was enacted in a time of great financial peril for the railroad:':. It was passed t o save certain of them from bankruptcy and to perpetuate an efficient railroad system in the nation. Certain provisions of the 1933 Act provided for the appointment of a federal coordinator. Section 7(i:) directed the Federal Coordinator of Railroads to require the railroads to compensate employees for financial losses caused by reason of moving to .follow their work when it was transferred:

      "The Coordinator is authorized and directed to provide means for the determining the amount of, and to require the Carriers to make iust compensation for, property losses and expenses imposed upon employees by reason of transfers of work from one locality to another in carrying cut the purposes of this title."


One month before the 19'33 Act was to ex=pire on June 17, 1936, an agreement was executed in Washington, D.C., by 85 percent of the major railroads and all of the standard railroad labor unions, it was: Agreement of May, 1936, Washington, D.C. Its purpose was to provide financial protection to employees wino wcula be depriveu of their employment or otherwise adversely affected in their employment as a result of "coordination" as Claimant Tabary was affected in the case before us.

 We find that the Carrier has partially, but not fully, complied with its obligations to provide benefits due under Section. 11 (a) of the Washington Agreement. We believe language o£ the Section compels Carrier to make Claimant whole for closing cost:, points and CommiLsions that accrued because Carrier dcci3cd against purchasing the home.
 Page 4
 Award 33
 Public Law Board No. 1157

 We refer to: ". . . he shall at his option be reimbursed by his employing Carrier for'any loss suffered in the sale or his ':one for 'Loss than. its fair value," and ". . the employing Carrier shall protect him against loss to the extent of =he fair value of any equity ^e may have in the home."

 we remand the question of total due Claimant, applying our findings, Lo the Parties. In view of the nature of the claim, we c.=ill retain ;uriydiction until the resolution is made.

      Findings of Board:


      That the Agreement was viol&ted.


      Award:


      Claim sustained as outlined in opinion of Board. Parties to resolve remedial provisions.


      Order:


      The Parties are directed to make the Award effective within thirty days from date.


      Dated this 27th day, pf -Eebr~uary, 1 X5,1

                          ~ ,r

                            N


                      j 7onn B. Criswel1, neutral Member


                        T. . King, Carrier Member


                          . _ 'd

                                              r` .~ ..:.sue

                        S. G. Bishop, O .4~ization Member

e l 15-7


pryias to DiapAtB:

 At ..t:0 No.. 33
 (Cases No. 33)

 Brotherhood of Railway, Airline and Steamship Clarkss

 Fraighx 11andlerss, Exprass and Station Employes

 and

 Atlanta and West Point Railroad Company The Western Railway of Alabama Seaboard Coast Line Railroad Company

 Inr rgr tation No I Yo Awar 1 ·:~3 use ,No- 'i3:

 upon application of the partiss involved in the above captionad Award, this Board interpretysthe same in the light of the dispute between the parties as to the meaning and application,, as provided fox in Section 3, First (m) of the Railway. Labor Act:, as approved June 21, 1934, The following interpretation. is made: ,

 The Soard has considered all . salient facts presented by the parties and now interpret Award No. 33 to allot monetary responsibilities as follows:

 Claimant's Obligation:
Cancellation of Lein . . . . . . . . . . . . .

 Revenue Stamps on tdarranty deed . . . . . . , pre.-payment Penalty of Lein . . . . . . Title Search - Fee for Title Guarantee Recording of Warranty Deed . . . . . . . . . past and present Search of Taxes . . . . . Disclosure Closing Statement . . . . . . . . Recording Intangible Tax . . . , . . . . . . Survey prior to sale . . . . . . . . .

 one half of Appraisal Fee . . . . . . . . Claimant's portion of Legal Services Fee Inspcution of Electi;al System . . . . . Tertiite Inspection . . . . . . . . . . .

 Plumbing Inspection .

 Heating System Inspection' Long distance Telephone Charges

 1.00
 30.00
 . 161.32
 . 305.00
 2.00
 15.00
 50.00
 85.50
 75.00

 7.50
 79.50
 zs.DD
 15.00
 15.00
15.00
 25.00
 ,$896,&Z

PLG ) 157

AWa.f1~ 33


Realty Company's Coumission . . .

 Loan Discount paid to Mortgage Company
 Originating Fee for Securing Loan Company
 F=ardilig Loan Deed . . . . . . , . . . ,
 One-half of Appraisal Fee . . . . .
 Credit Report on Borrower . . . . . . . .
 Photos and Amortization Schedule . . .
 Recording Assignment Fee . . . .~. . ,
 Carrierts portion of Legal Services fee

 . . . . . . . . .

1,800.00

285.00

285. 00

17.co

7,50

25.00

11.60

2.00

267.50


TOTAL , . . .$2,70V.00

 This Interpretation was made pursuant to paragraph (I) of Agreement signed on April 30, 1973, satahlisiaing Special, Board of Adjustment No, 1157.

      Dated this 10th., day of June, 2975, at Atlanta, Georgia.


Neutral blCluber

 T. P. King, Carrier klembdr

 S. G. Bishop, Organi.zwiGa Member