The Second Division consisted of the regular members and in addition Referee Joseph A. Sickles when award was rendered.
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In this dispute, the Organization argues that a 1989 reorganization permitted seniority exercises to the employees to select choice of positions, but the Carrier refused to utilize that procedure in 1991.
The Claimant attempted to exercise seniority to a different position as a result of the second realignment, but the Carrier refused to permit it. Form 1 Award No. 12728
The Organization submitted a claim asserting that the Carrier violated the Rules of the Agreement and particularly Appendix H, dealing with rearrangement of forces.
The carrier denies that the 1991 rearrangement of forces is the same as that which occurred in 1989, when days off, shifts and responsibilities were changed.
We are inclined to agree with the Carrier that the 1991 changes were not analogous to the earlier alterations. This claimant's schedule, etc., was not changed.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.