Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36941
Docket No. SG-36517
04-3-01-3-30
The Third Division consisted of the regular members and in addition Referee
James E. Mason 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 Company:
Claim on behalf of T. House to have his position of Signal
Maintainer at Hastings, Nebraska advertised for seniority choice
and to allow the Claimant to exercise his seniority. Account Carrier
violated the current Signalmen's Agreement, particularly Rule 32,
when it made a material change in the Claimant's assigned territory
and then failed to re-advertise the position for seniority choice when
requested to do so by the Claimant. Carrier's File No. 1217572.
General Chairman's File No. N32-019. BRS File Case No. 11485UP."
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.
Form 1 Award No. 36941
Page 2 Docket No. SG-36517
04-3-01-3-30
Parties to said dispute were given due notice of hearing thereon.
There is no monetary claim involved in this case. The dispute had its origin
in a letter dated December 12, 1999, from the Organization in which a request was
made on behalf of the Claimant to have his Signal Maintainer position at Hastings,
Nebraska, re-advertised ". . . because of the unit count increase that has been
imposed on his existing territory." The request was based on the provisions of Rule
32, which reads as follows:
"RULE 32 - SIGNAL MAINTAINERS HEADQUARTERS
Signal maintainer headquarters will be at a tool house or shop area
which will be provided with suitable lockers and other facilities
required to properly perform his duties and will be kept in good and
sanitary condition. Reasonable washing and toilet facilities will be
provided on request and when considered necessary.
When a change is made in the location of a signal maintainer's
headquarters or when a signal maintainer's territorial limits are
materially increased, or when the starting time is changed more
than two (2) hours or when one or both of the rest days are changed,
the position will be re-advertised as a new position when so
requested by the incumbent through the local chairman. Such
request must be in writing and made within twenty (20) calendar
days from date of change.
The incumbent of the position to be re-advertised will remain on the
position until assignment is made, and he will then make his
displacement in accordance with Rule 58."
The unambiguous language of Rule 32, especially the second paragraph
thereof which is of primary concern in this case, clearly outlines the specific changes
which trigger an application of this Rule. The Rule clearly mandates that the
request to re-advertise the position must be made ". . . within twenty (20) calendar
days from date of change."
Form 1 Award No. 36941
Page 3 Docket No. SG-36517
04-3-01-3-30
The record of this case contains no date on which the alleged change was
made. The Carrier argued without contradiction that the upgrading of the Signal
System which impacted the "unit count" on the territory had been in progress over a
five-year period. Clearly, this request to re-advertise the position was untimely.
The record further shows that the term "unit count" is not found in the
language of Rule 32. It is uncontested that there was no change made in the
position's headquarters location; in the territorial limits of the position; in the
starting time of the position; or in the rest days of the position. In short, nothing
happened to this position which would cause it to be re-advertised even if a timely
request had been presented on behalf of the Claimant.
There is no merit to this grievance and it is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 22nd day of March 2004.