SPECIAL HOARD OF ADJUSTMENT N0. 525
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AWARD N0. 22
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CASE N0. 22
GRAND DIV.: ORT 3621
ORGANIZATION'S FILE CARRIERIS FILE
R-1268 TE-9-61
EMPLOYES' STATEMENT OF CLAIM:
1. Carrier violated the terms of the parties' Agreement when
it refused to compensate Telegrapher L. C. Brownell for eight (8) hours
deadhead time moving from Thompson, Utah, to Malta, Colorado.
2. Carrier shall, because of the violation set out in Part 1
hereof, compensate Telegrapher L. C. Brownell for eight (8) hours straight,
time at the rate of second shift position Thompson., Utah.
SPECIFIC FINDINGS:
Claimant's position was abolished and he was directed "to exercise seniority where permitted." Pursuant to Rule 18, Reduction in
Force and Displacement Rights, he displaced a telegrapher at Malta,
Colorado, 257 miles distant.
Relying on Rule 11 (A)-Transfers and Deadhead, Claimant filed
a time claim. That rule reads:
'TPSaployes transferred by order of the Company, or
to accept bulletined positions will. be given free
transportation for themselves, dependent members
of their families, household and personal effects
not exceeding one carload, and will be allowed rate
of pay governing positions they are leaving while
en route and making such transfers."
The .time slip was declined by Carrier upon the grounds that
Claimant-was displacing telegrapher at Malta in exercise of his seniority
and he was neither accepting a bulletined position, nor was he transferred
at the direction of the Company.
_ 0
564595 -A--D ~~--
A careful reading of Award 242 cited by the Union illustrates
the type of rule needed by the Organization to achieve the result desired.
Rule 11 (a) in that instance provides pay for time lost in transferring
in exercise of seniority. The Agreement before us
contains no
comparable
provision. The rule before us provides for payment under two circumstances unrelated to the exercise of seniority, namely, when transferred
by order of the Company, or, to accept bulletined positions. Under
these two latter situations, the mere is solely for the convenience of
the Carrier. In the ease before us, it makes no difference to the
Company whether the occupancy of the job at Malta was changed or not.
The change effected by his exercise of seniority benefited the Claimant
alone.
It would be tortured reasoning to hold that the language appended
to the job abolishment bulletin was an order of the Company. An order
assumes an obligation to abide with it. Claimant was under no compulsion to exercise seniority and take a position at Malta or Podunk Center.
He could have chosen to revert to the extra list. We do not agree with
cited Award 5474 in this regard.
AWARD
Claim denied.
SPECIAL HOARD OF ADJUST MwT No. 525
Denver,'Colorado
(Signed) J. Glenn Donaldson
March
9, 1964
J. Glenn Dor_aldson, Neutral Member
Chairman
(Signed) R. K. ·Anthi
a
R. K. An-this., Organisation I:embe_r
(Sinned) C. E. Baldridize
C. E. Baldridge, Carrier Member