(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Western Maryland Railway. Company:

 (a) The Carrier violated the Signalmen's Agreement, particularly Rule 36, when it did not omit Nr. D. L. Horning's name in the Foreman's classification on the 1977 seniority roster.

 (b) Mr. D. L. Horning's name be omitted from the 1977 seniority roster in the foreman's classification."

OPINION OF BOARD: As a result of the abandonment of certain trackage,
 the Carrier discontinued certain positions including one of Signal Inspector. The incumbent of such position opted not to displace to the other available Signal Inspector position, located some 145 miles distant, occupied by a less-senior employe. Instead, he displaced to a Signal Maintainer position, also occupied by a less-senior employe. In terms of seniority classes, between the Inspector and Maintainer position is that of Foreman. While a high senior employe, the former Signal Inspector lacked the ability to displace the Foreman position due to the incumbent of that position being superior to him in necessary seniority. The Organization herein demands that the former Signal Inspector be denied a right to hold seniority on the Foreman's roster contending application of Rule 36 - Voluntary Demotion:

We find no support for such a claim. There is no showing that the former Signal Inspector voluntarily demoted himself; instead, he exercised his seniority against the next lower position at which it would


hold. In so doing, he did forego rights to the Signal Inspector position -- in which he could have displaced a less-senior employe -- but he had no opportunity to such an option in the Foreman classification. Therefore, we find no basis to deny his right to retention on the Foreman seniority roster.

        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 claim be dismissed.


                      A W A R D


        Claim is dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Illinois, this 14th day of March 1980.

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