Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION

 Award No. 33592
 Docket No. CL-33161
 99-3-96-3-599

 The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.

 (Transportation Communications International Union

 PARTIES TO DISPUTE:

 (Illinois Central Railroad

 STATEMENT OF CLAIM:

 "Claim of the System Committee of the Organization (GL-11370) that:

 (1) Carrier violated Rules 10 and 15 of the Agreement between the Parties beginning July 3, 1995, when it refused to allow Clerk Floyd Jenkins to exercise his seniority in accordance with the Agreement.

 (2) Carrier shall now be required to compensate Clerk Floyd Jenkins a day's pay at the pro rata rate of $123.72 per day beginning July 3,1995 and continuing five (5) days per week thereafter.

 FINDINGS:

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

 The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

 Parties to said dispute were given due notice of hearing thereon.

 This case has a history.
 Form 1 Award No. 33592
 Page 2 Docket No. CL-33161

Claimant was first dismissed on January 16,1992 for allegedly failing to exert full -00
 and proper efforts to become qualified as an Operator-Leverman at Bridgeport Tower.
 In Third Division Award 30250, the Board sustained the Organization's claim finding
 lack of proof of negligence or malfeasance on Claimant's part. However, backpay was
 awarded only up to May 12, 1992 after the Carrier made a bona fide offer of
 reinstatement in a letter dated April 28,1992 reinstating Claimant "fourteen days from
 the date of this letter."

 Third Division Award 30250 was adopted on June 8,1994. However, prior to that
 date the Carrier again dismissed Claimant effective July 16, 1992, this time for
 insubordination after Claimant failed to report for work within "fourteen days from the
 date of" the Carrier's April 28, 1992 letter. In Third Division Award 30904, the Board
 again sustained a claim on Claimant's behalf because the April 28, 1992 reinstatement
 letter instructed Claimant to report to Homewood, Illinois, and Claimant "did not report
 for no other reason than he believed the conditions of assuming his seniority rights was
 incorrect." The Board found the Carrier had a basis for disciplining Claimant in that
 "[t]he precedent of obey now and grieve later is most apt in this situation [and] Claimant
 should have returned as instructed, and thereafter pursued his perceived Agreement
 rights through the grievance procedure." However, the Board found that in light of
 Claimant's length of service, his good record, and the degree of insubordination,
 dismissal was excessive. Claimant's discipline was limited to a period from July 16,1992
 (the effective date of his dismissal for insubordination) until the date he should have been
 reinstated pursuant to Third Division Award 30250, with backpay entitlement
 commencing subsequent to the date the Carrier was obligated to reinstate Claimant
 pursuant to that Award. With respect to Claimant's seniority rights upon
 reinstatement, the Board stated in Third Division Award 30904:

 "This Board does not, to reiterate, offer any opinion as to what seniority
 rights Claimant may have when he returns. If he does not agree, he has
 the right to pursue his grievance pursuant to the Railway Labor Act, but
 he cannot delay his return to enhance his compensation."
 That is where this phase of the dispute begins. Another claim followed when,
 subsequent to Third Division Award 30904, the Carrier took the position that "r`
 Claimant's reinstatement would be to the Extra Board at Homewood, Illinois. The
 Organization asserts that Claimant should have been permitted full displacement rights
 pursuant to the Agreement as an employee who failed to qualify for a position - that
 Form 1 Page 3

 Award No. 33592
 Docket No. CL-33161
 99-3-96-3-599

position being the one on which Claimant failed to qualify as discussed in Third Division Award 30250.


Third Division Award 30250 reinstated Claimant "with seniority and other rights unimpaired." As of that reinstatement, Claimant was an employee who failed to qualify for the Operator-Leverman position at Bridgeport Tower. Claimant was therefore entitled to exercise his full contractual displacement rights as an employee who failed to qualify for a position. See Rule 10(b) ("An employee who acquires a position through displacement rights and fails to qualify within thirty working days will be allowed seven days from date of removal in which to exercise displacement rights."). There is no basis in the Agreement to limit Claimant's reinstatement rights to Homewood as the Carrier asserts.


Claimant shall have 30 days from his notification of the results of this Award to exercise his displacement rights. Failure of Claimant to exercise those rights within that period will extinguish any such entitlements Claimant may have. There is no evidence that Claimant lost pay as a result of the Carrier's actions in this phase of the dispute. Claimant shall therefore receive no compensation from this Award.


AWARD
Claim sustained in accordance with the Findings.

 ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
Dated at Chicago, Illinois, this 16th day of November 1999.