NATIONAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION
Joseph A.
Sickles, Referee
PARTIES TO DISPUTE:
Award Number 23546
Docket Number SG-24047
(Brotherhood of Railroad Signalmen
(
(Consolidated Rail Corporation
STATRW CF
CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation
(former Lehigh Valley Railroad Company):
On behalf of R. L. Sasala and &. Egurrols for the difference in rate
of pay between Trainee/Assistant ($7.45 per hour) and Signalman ($8.68 per hour),
*1.23 par hour, for all hours worked from date of violation, April 12, 1979, to
the date they were finally promoted to signalmen (Senala August 9,9 1979;
1ganrols June 11, 1979)."
(Systesl Docket 1438)
OPINION OF HOARD: This dispute deals
with
the Carrier's action of issuing a
bulletin which cancelled a previously issued bulletin that
advertised a vacancy.
In the prosecution of this claim, the Employes have asserted that
the Carrier discriminated against two Spanish surnamed employee, and asserts
that they were not given an opportunity to demonstrate an ability to fill the
positions.
The Carrier states simply that after the vacancies were advertised,
there was a re-organization which resulted in a decision that the positions
were not, in fact, necessary, and as a result, there was a cancellation of
the two vacancies.
We are inclined to agree with the contention that the Carrier has
a right to take said action, unless there is a specific contractual rule which
alters that right. We find no such rule here and, accordingly, we will deny
the claim.
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 Employee involved in this dispute are
respectively (larrier and Elaployes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Humber 23546 page 2
Docket Humber SG-24047
That this Division of the Adjustment Board has jurisdiction over
the dispute involved. herein; and
That the Agreement vas not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSDUNT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February
1982.