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.



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;



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.