RATIONAL RAILROAD ADJUSThyNT BOARD
THIRD DIVISION Docket Number SG-21300
Nicholas H. Zumas, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Robert
tv.
Blanchette, Richard C. Bond
( and John H. McArthur, Trustees of the
( Property of Penn Central Transportation
( Company, Debtor
STATEMENT OF CLAIv4: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Pennsylvania
Railroad Company:
System Docket 1039
Eastern Region - Harrisburg Division
Appeal - To reinstate R. E. Evertts, in proper order, to
the Class of Assistant Foreman.
Reason - R. E. Evertts was omitted from the Class of
. Assistant Foreman on grounds that he did not bid
on two recent bulletins advertising positions of
Assistant Foreman, while he was inactive in that
class.
Claim - According to Article 4, Section 9(a) of the current
C&S Agreement, an employee reduced in class when
force reductions are made, must accept return to
service in seniority order, in an advertised
position or permanent vacancy in the class from
which reduced, only when no bids have been received
from qualified employees for such position or
vacancy.
Since in each case of afore mentioned advertisements,
bids were received from qualified employees with
numbers in the Assistant Foreman Class, R. E. Evertts
was not compelled to bid on these positions to
maintain his number in the class of Assistant Foreman.
Award Number 21875 Page 2
Docket Number SG-21300
OPINION OF BOARD: It is clear from this record that Claimant refused
to accept an assignment to the Assistant Foreman
position at Downington and his name was properly removed from the
Assistant Foreman roster in accordance with Section 9(a) of Article 4
of the Agreement.
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 21, 1934;
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 ADJUSTIENT BOARD
By Order of Third Division
ATTEST:
4~&V,
Dated at Chicago, Illinois, this 31st day of January 1978.