PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad


Carrier violated the Signalmen's Agreement by unilaterally changing the established working hours of Signal Maintainer B. C. Alexander on December 14, 1981. Claimant Alexander should be allowed five hours additional compensation at his overtime rate, beginning December 14, 1981, for each day of the violation and continuing until his established working hours are restored. (General Chairman file: F-81-291. Carrier file: SI 82-4-17A).

OPINION OF BOARD: Claimant, B. C. Alexander, held the position of Signal
Maintainer in Weber Groves, Missouri. Prior to this dispute, Claimant's hours of service were 12:00 noon to 8:00 p.m. with rest days of Wednesday and Thursday.

A Second Signal Maintainer position existed at Weber Groves. Its hours of service were 7:00 a.m. to 3:00 p.m. with rest days of Saturday and Sunday.

On or about November 14, 1981, the incumbent of 7:00 a.m. to 3:00 p.m. position was promoted. Thereafter, on December 8, 1981, Claimant received notice that his hours of service were being changed to 7:00 a.m. to 3:00 p.m. His rest days remained constant.

The organization contends that Carrier's unilateral change of Claimant's hours violates Rules 15, 20 and 36. The Organization seeks 5 hours overtime pay for each day that Claimant worked these changed hours.

Carrier, on the other hand, denies that it violated the Agreement. It also asserts that the Rules cited by the Organization are not apposite. Rather, in Carrier's view, a mere change in hours, when it determined that two Maintainers were no longer needed, does not constitute an occasion which requires rebulletining of the position. It also insists that no vacancy was created in the instant case.

There is no question that a Carrier has broad discretion to assign work in accordance with its business requirements (see Award No. 13802). This discretion may be limited only by an explicit agreement rule.

                    Locket Number SG-25116


Here, Carrier determined that its interests would be served by having a single Signal Maintainer working 7:00 a.m. to 3:00 p.m. Nothing in the Agreement precluded Carrier from exercising this discretion. Thus, Carrier's action was not improper.

As to the argument that a new bulletin was necessary because of the change of hours, this contention is also without merit. Rule 41 specifies the events which obligate Carrier to rebulletin a position. They are a change in rest days, location of headguarters, pay basis, or a material alteration of territorial limits. Obviously, none of these triggering events occurred here. As such, the Organization's attempt to require a rebulletining of the position must also fail.

Accordingly, and for all of the foregoing reasons, the claim must be denied.

        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 ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
Nancy J Deter - Executive Secretary ___
Dated at Chicago, Illl/inois, this 14th day of December 1984. ' `~ w

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