Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36608
Docket No. SG-36409
03-3-00-3-679
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad (former Southern
Pacific):
Continuing claim on behalf of E. A. Dunn for compensation for all lost
wages and benefits and to be returned to the position he held immediately
following his displacement from the Roseville Signal Shop. Account
Carrier violated the current Signalmen's Agreement, particularly Section
5 of the Roseville Signal Shop Closure Agreement, dated August 26, 1999,
when Carrier failed to provide proper training and instructions to the
Claimant and reduced his rate of pay from Signalman's rate to the
Assistant Signalman's rate. Carrier's File No. 1210094. General
Chairman's File No. SWGC-2065. BRS File Case No. 11451-UP."
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.
Form 1 Award No. 36608
Page 2 Docket No. SG-36409
03-3-00-3-679
After exercising his seniority due to closure of the Signal Shop at Roseville,
California, the Claimant twice failed a Book of Rules exam. Thereafter, on or about
March 22, 2000, the Carrier demoted the Claimant from S ignalman t o Assistant
Signalman. This claim followed.
The Claimant died July 1, 2000. Under the unique circumstances of this case,
which in the Board's opinion shall be on a non-precedential basis, we agree with the
Organization t hat t he Carrier violated the relevant Rule when it demoted rather
than disqualified the Claimant from his Signalman's position. The Claimant's estate
shall therefore be compensated for the difference in pay between the Signalman and
Assistant Signalman rate for the time from the demotion until the Claimant's death.
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 Claimant(s) 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 29th day of July 2003.