NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20650

THIRD DIVISION Docket Number SG-20614

Francis X. Quinn, Referee

(Brotherhood of Railroad Signalmen

PARTIES TO DISPUTE:

(Chicago and North Western Transportation Company

STATEMENT OF CLAIM: Claims of the System General Committee of the Brother
hood of Railroad Signalmen on the Chicago and North
Western Transportation Company:

Claim No. 1:

(a) On or about August 21, 1972, the Carrier violated the current Signalmen's Agreement, particularly Rule 36c (revised), when Signal Supervisor, A. F. Cherveny, issu #16.

(b) The Carrier now be required to cancel the displacement sheet entirely, and issue a correct sheet, per the provisions of Rule 36c.

(c) The Carrier be required to compensate and/or reimburse any signal employee adversely affected by the incorrect displacement sheet. (Carrier's file: 79-3-113).

Claim No. 2:

(a) On or about September 5, 1972, the Carrier violated the current Signalmen's Agreement, parti when the Carrier required changes as directed by Bulletin 417.

(b) The Carrier be required to cancell (sic) Bulletin 16, and subsequent bulletins, return to st
(c) The Carrier be required to compensate any and all employees adversely affected by changes necessitated by bulletin #16. (Carrier's file 79-3-115).

OPINION OF BOARD: A suggested interpretation of rule 36(c) that would
completely divest some senior employees of any right
to displace whatever and also reduce other senior employees to displace
ment on fewer than 7 positions held by junior employees is absurd and
unreasonable.

Furthermore, there is no claim properly before this Board because there is no identified Claimant who meets the "Employee Involved" Test. Hence the case must be dismissed.

Award Number 20650 Page 2

Docket Number SG-20614

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the Agreement was not violated.

A W A R D

Claims dismissed.

NATIONAL RAILROAD AD.1TTSnnARn

By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 21st day of March 1975.

Dissent to Award 20650, Docket SG-20614

Had the Majority devoted its time to reading the Docket before it instead of ind',alging in insults, it might have discovered that the Petitioner did not suggest an interpretation which would have reduced the rights of oenior emloyes or divested any of them of those rights. The whole of the :.'.ajority's opinion should be viewed in this light.

I dissent.

r

W. W. Altus, Jr. ''~

Labor Member `,