(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (George P. Baker, Richard C. Bond, Jervis Langdon, Jr., ( and Willard Wirtz, Trustees of the Property of ( Penn Central Transportation Company, Debtor

 STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
 road Signalmen on the Penn Central Transportation Company
 (former New York Central Railroad Company - Lines West of Buffalo) that:

 (a) Carrier violated the current agreement covering Foremen, Inspectors and Technicians, dated Febru Rules 7, and 11, when it failed to assign R. Breedlove to position of Signal Foreman Cddt Gang No. 24 as referred to in Job Bulletin No. 171 dated November 1, 1970, and Job Assignment Bulletin No. 171 dated November 13, 1970.

 (b) Carrier should be required to compensate Mr. Breedlove at the Signal Foreman rate of pay for all time he is required to work a lower rated position.

 (c) Carrier should also pay Mr. Breedlove interest on any money,
 due under this claim at the rate of 1-1/2 per cent per month, compounded monthly,
 commencing on the first day of the month in which compensation would have been
 earned.

 OPINION OF BOARD: The circumstances in this case are the result of actions
 taken by the Carrier against the Claimant as covered by
 Third Division Award No. 19965 which resulted in Claimant's former position
 of Foreman on C&R Gang No. 24 being advertised for bid by Bulletin No. 171.
 The vacancy occurred account Claimant being disqualified by Carrier in all
 classes above Signal Mechanic, the facts leading up to such discipline being
 thoroughly described in the Award referred to above.

 This Board, having carefully considered the position of the parties in Award No. 19965 together with all the evidence presented, denied the claim in that case which action sustained the position of the Carrier. Claimant's disqualification was to remain in effect " ....until such time you prove you are capable of handling men."

 The instant claim appears to be a duplication of the claim in Award No. 19965 the decision in which is controlling in this claim. Therefore, we will dismiss the claim.






That the Carrier and the Employes involved in this dispute are respectively Carrier ^nd Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and



        Claim dismissed,


                            NATIOILAL RAIL:;0AD ADJUST:7LT BOARD

                            By Order of Tbird Division


        ATTEST: Executive Secretary


Dated at Chicago, ILinods, this 28th day of September 1973,