Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27133
THIRD DIVISION Docket No. SG-27364
88-3-86-3-594
The Third Division consisted of the regular members and in
addition Referee John E. Cloney when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Consolidated Rail Corporation (Conrail):

On behalf of Brother D. J. Morgan, that he should be assigned to the position of Foreman Project Gang and paid the difference between the Foreman's rate ($1.78 per hour) beginning on January 30, 1985 and continuing until he is assigned the foreman position, account of Carrier violated the Signalmen's Agreement, as amended, particularly Rule 2-A-1(d), when it did not assign him in accordance with the Rule. Carrier file: SD-2217."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



On January 11, 1985, a bulletin advertised a foreman position at Seward, Pa. Claimant bid on the position whereas, the employe assigned did not, Claimant does not have seniority in the Foreman's class, but the employe assigned did.




Form 1 Award No. 27133
Page 2 Docket No. SG-27364
88-3-86-3-594
following the date the position is awarded. Notice
of awards will be posted at the headquarters
involved. A furloughed employee will be considered
as having bid for any position or vacancy not
requiring a change in residence. If he is the
senior bidder in the class, the position will be
awarded to him. If such employee fails to report
for the position, within ten (10) calendar days, he
shall forfeit his seniority in that class and in
all higher classes, unless such position is
expected to be of less than ninety (90) calendar
days duration."

As the Rule provides furloughed employees will be considered as having bid, and as the senior qualified employee was assigned, as having been an automatic bidder, we see no violation of the agreement.






                          By Order of Third Division


Attes .
                  V


        Nancy J pIler - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.