PROCEEDINGS BEFORE PUBLIC LAW BOARD NO. 3781
Case No. 55
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: W. E. LaRue
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Claim of the Brotherhood (CR-1271) that:
(a) The Carrier has violated Rule 12 of the current Scheduled
Agreement, and applicable paragraphs of Rule 23, when on
September 18, 1984, the Carrier unilaterally changed the
headquarters of Welder L. Cheeks, Welder Helper E. Garrett,
Trackman M. A. Larkin, and Trackman A. Mayes, without the
benefits and provisions provided divisional and interregional traveling gangs.
(b) The Carrier shall now compensate Claimants L. Cheeks, E.
Garrett, M. Larkin, and A. Mayes the appropriate mileage rate
for 30 miles each way, each day, and shall compensate said
Claimants at the rate of two minutes per mile traveled from
their fixed headquarters to the newlly assigned headquarters,
starting on September 18, 1984, and continuing until such
- violation ceased or the positions held by the Claimants were
abolished.
FINDINGS:
Upon the whole record and all the evidence, after March
19, 1987 hearing at the National Mediation Board, Washington, D.
C., the Board finds that the parties herein are carrier and Employees within the meaning of the Railway Labor Act, as amended,
and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.
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OPINION
This case arises from claims by Trackman that they have
been deprived of Rule 23 benefits by the carrier's impermissible
unilateral action of changing the headquarters of Boutet Welding
Gang Number One from Sharonville, Ohio, to Middletown, Ohio.
The Carrier has denied the claim on the ground that the
Carrier is not restricted by the Agreement from unilaterally
changing headquarters. The Carrier says further that a change of
headquarters under Rule 4, Section 2., of the Agreement gives rise
to the Employee's option to exercise seniority to another position; and that all claimants in this case elected to accept the
change in headquarters and report to the new headquarters on the
effective date of the change.
The Board finds that the Agreement does not prohibit or
restrict the Carrier from making a unilateral change in fixed
headquarters.
Accordingly, based on review of the foregoing and of the
whole record herein, the claim will be denied.
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AWARD
Claim denied.
BY ORDER OF PUBLIC LAW BOARD NO. 3781.
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P.L. Board No. 3781 - Award No. 27 / Case No. 55
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Fred Blackwell, Neutral Member
R. O'Neill, Carrier Member W. E. LaRue, Labor Member
Executed on - -.~.~-rt
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4 , 1990
Conrail\3781\27-55.502
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