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 were given due notice of hearing thereon.

The Claimant was displaced from his position of Communications Construction Foreman where the Carrier realigned its forces. The Claimant filed a displacement notice reflecting his intention to displace a junior electrician holding a position in a lower position class.

The Carrier refused to honor the Claimant's displacement notice because an existing position within the Claimant's position class was vacant as of the date of the Claimant's proposed displacement. The Carrier asserted that the Agreement only allows for displacement to a lower class position if there are no existing open positions available within the employee's existing class. The Claimant averred that his seniority allowed him to displace any employee with less seniority and irrespective of position class.

After reviewing the evidence and relevant portions of the Agreement, the Board determines that the Claimant was obligated to fill the existing vacancy within his class as opposed to displacing to a lower class position. Thus, the Agreement was not violated when the Carrier refused to honor the Claimant's displacement notice. The Board must therefore deny the claim and associated request for relief.

AWARD