NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26084
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Baltimore and Ohio
Railroad Company:
Claim on behalf of Signal Maintainer D. W. Fullenkamp, ID #1520073,
account Carrier violated Rule 47 of the current Signalmen's Agreement when it
did not accept his bid for position of Signal Inspector as advertised by
Western Division bulletin WD-83-306 dated July 6, 1983.
CLAIM (a): That the Carrier violated Rule 47 of the Signalmen's
Agreement when Carrier rejected Mr. Fullenkamp's bid for position of Signal
Inspector as advertised by bulletin WD-83-306.
CLAIM (b): That Mr. Fullenkamp's bid be accepted for position of
Signal Inspector as advertised by bulletin WD-83-306. (Carrier file: 2-SG702)"
OPINION OF BOARD: On July 6, 1983, the Carrier advertised a vacancy for a
Signal Inspector position headquartered at Lawrenceburg,
Indiana. Bids were received from various employees including Claimant D. W.
Fullenkamp, furloughed Signalman D. L. McClure and Signal Inspector S. K.
Thompson. The Claimant was senior to Mr. Thompson but junior to Mr. McClure.
The Organization filed separate Claims on behalf of the Claimant and Mr.
McClure and have progressed both to the Board.
It is the opinion of the Board that the Claim must be dismissed.
Since the Organization has progressed both Claims on the basis that strict
seniority should have prevailed in the assignment in question, only one employee (the senior employe
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;
Award Number 26412 Page 2
Docket Number SG-26084
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~-WWIM~lr ON:
Nancy vver - Executive Secretary
Dated at Chicago, Illinois this 13th day of July 1987.