Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13616
Docket No. 13514
01-2-99-2-120

The Second Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.


( Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

























Form 1 Award No. 1361,6
Page 2 Docket No. 135114
01-2-99-2-120
6. Compensate all employee's losses accrued by these violation's of the
agreement."

FINDINGS:

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.




The Claimants are Carmen Welders who are qualified as Carman Mechanical Refrigeration Repairmen (CMRR). On October 20, 1998, the Carrier put the Claimants' carmen welder positions up for bid, along with two CMRR positions. The Carrier received no bids on the CMRR positions and forced assigned the Claimants to those positions because the Claimants were the most junior employees who were CMRR qualified. The Carrier accepted the bids of two employees who were junior to the Claimants but who were not CMRR qualified for the Claimants' former carmen welder positions.


Our review of the record fails to disclose any evidence that the Claimants suffered any detriment as a result of the Carrier's actions. It is undisputed that the CMRR positions have a higher rate of pay than the carmen welder positions. There is no evidence that the Claimants suffered a loss of overtime or other work opportunities or that they suffered any other detriment, such as a forced change in work hours. Accordingly, we are unable to find that this case presents a live controversy. The Board does not render advisory opinions. Therefore, the claims must be dismissed.

Form 1 Award No. 13616
Page 3 Docket No. 13514
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      Claim dismissed.


                          ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Second Division


Dated at Chicago, Illinois, this 4th day of June, 2001.