SPECIAL BOARD OF ADJUSTIENT N0. 541
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
Erie lackawanna Railway Company
STATE14ENT OF CLAIM:
1. The Carrier violated the Agreement by transferring the headquarters
of Track Gangs Nos. 06 and 07 from Avoca and Dunmore, Pa. to the Diesel
Shop at Scranton, as of August 1, 1967.
2. Section Foreman F. W. Hughes and Foreman P. F. Steer, Trackmen J. J.
Cooney, Gl, W. Caseyo W. H. Edwards and A. F. Pace; Truck Drivers
Ignatz Grobinski and J. J. Hobbs; and Welder ~achael Ricko be now
paid two (2) hours per dayo each, for travel time each work day beginning August 1, 1967, account of this improper change in their Headquarters point, and continuing until this condition has been corrected.
FINDINGS:
.
The critical question is whether Carrier violated the applicable Agreement when it unilaterally changed headquarters for Section Gang 06 and Section
Gang 07 from respectively Avoca and Dunmore to Scranton. The approximate
distance from Avoca to Scranton is seven miles; Dunmore to Scranton is two
miles.
Rule 14 prescribes that "when new positions are created or when permanent
vacancies occur" bulletins will be posted showing "the location, descriptive
title, hours of service and rate of pay" of each such position and vacancy.
Ordinarily, therefore, there should be no substantial change in the headquarters site of the posted position although management is, under Rule 18, free
to designate the points where the employees' time id-11 begin and end.
Where some compelling operational or economic consideration exists, however, and the move does not materially work to the employees' detrimentp a
change in headquarters may be made; we are satisfied that neither Rule 14 nor
any other provision of the Agreement calls for a contrary construction.
In the present cases it appears that the headquarters move was made
primarily because the garage and truck assigned to Section Gang 06 were destroyed by fire and management decided that the equipment could receive better
protection at Scranton. The record does not establish that that determination
was unreasonable or that the change subjected the affected employees to
appreciable inconvenience.
In the light of the specific facts of this case, we. will deny the present claim.
AWARD: Claim denied.
Adopted at Cleveland, Ohioy October 16, 1974.
/s/ H. N. Weston
H. ii. Weston, Chairman
/s/ R. A. Carroll /s/ A. J. Cunningham
R. A. Carroll, Carrier Member A. J. Cunningham, Employee Member
Award No. 45