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:


STATEMENT OF CLAIM:



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





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:







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.










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.