NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20921
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the Houston Belt & Ter
minal Railway Company:
For and on behalf of R. M. Sanders for the difference in pay
of his present position of Maintenance Foreman ($1,164.56 per month)
and that of his former position of Circuit Designer ($1,182.63 per month),
plus an additional payment of $1,182.63 per month (the rate of his former position now being worked
T. J. Meredith); and, claim for and on behalf of D. J. Hill for the difference in pay of his present
per month) and his former position of Maintenance Foreman ($1,164.56 per
month). These amounts are due as a result of the Carrier permitting
T. J. Meredith to exercise displacement rights in violation of Rules
405 and 414 of the Signalmen's Agreement - which act has resulted in a
violation of the Scope Rule. The claims to be effective July 9, 1973
and to continue until such time as each person displaced as a result of
the Carrier's improper act is returned to his former position.
OPINION OF BOARD: This claim is based on the contention that Carrier
violated its Agreement with the Signalmen by permit
ting T. J. Meredith to exercise displacement rights in the Signalmen's
bargaining unit - - in which he formerly worked - - after he had re
signed from his official position as Superintendent of Signals and
Communications on the same property. Agreement Rule 414 states in per
tinent part:
"Employes promoted to official positions with this Carrier
..shall retain and continue to accumulate seniority in all
classes where established. Within thirty (30) calendar days
from date of release from such positions, such employes
must exercise displacement rights in accordance with Rule
408; failure to do so will cause forfeiture of all seniority and rights under this Agreement."
Award Number 20989 Page 2
Docket Number SG-20921
Meredith exercised his accumulated seniority in a proper and
timely manner when he "returned to the ranks" and displaced R. M. Sanders
from his Signal Circuit Designer position effective July 9, 1973. Contrary to the Organization's con
official position within the meaning of Agreement Rule 414. The first
so-called displacement by Meredith (involving Signal Inspector I. D.
Baxely) was not effective because it was not put in writing.
The claim with respect to D. J. Hill is based on the contention that Hill's displacement by R. M
Sanders should not have been displaced by Meredith. However, since
we find that Meredith's displacement of Sanders did not involve any
Agreement violations, it follows that there is no Agreement support for
that portion of the claim dealing with Hill.
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 within the meaning of the Railway Labor Act, as approved June
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:-IW
A44/046~
Dated at Chicago, Illinois, this 12th day of March 1976.