Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37017
Docket No. SG-36979
03-3-01-3-550
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn 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:
Continuing claim on behalf of R. B. Dickey for payment of eight
hours at the balf-time rate for each day worked beginning on July
31, 2000, and continuing for the term of the violation. Account
Carrier violated the current Signalmen's Agreement, particularly
Rule 8, when it improperly established a second shift position
without advertising it for seniority choice. Carrier's File No.
1244484. General Chairman's File No. S-8-090. BRS File No.
11711-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.
Form 1 Award No. 37017
Page 2 Docket No. SG-36979
03-3-01-3-550
Parties to said dispute were given due notice of hearing thereon.
The Claimant, a Signal Maintainer, alleges be was changed from one shift to
another in violation of Rule 8 (Change of Shift). The claim challenges the
adjustment of starting times without bulletining the post for seniority bid. The
implication is that, had the Carrier re-bulletined the job, everything would be fine.
In essence, the Claimant is seeking a penalty for being required to work
different shifts. In truth, had the job been re-bulletined, the Claimant would not
necessarily have been the beneficiary. Moreover, if the Carrier had re-bulletined
the job, Rule 32 would have been controlling. The language of Rule 32 contains no
obligation to re-bulletin a job in these circumstances. There is no violation of the
Agreement.
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 18th day of May 2004.