Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37102
Docket No. SG-37026
04-3-01-3-608
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:
Claim on behalf of J. M. Reagan for reimbursement of all expenses
(mileage, hotels, meals, etc.) in connection with his force assignment
to Gang #3283. Account Carrier violated the current Signalmen's
Agreement, particularly Rule 55, when Carrier improperly assigned
the Claimant to the position of interlocking repairman at Houston,
Texas. Carrier's File No. 1247789. General Chairman's File No. S55-048. BRS File No. 11862-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 I Award No. 37102
Page 2 Docket No. SG-37026
04-3-01-3-608
Parties to said dispute were given due notice of hearing thereon.
It has been established that a person is not an unassigned Signalman until he
or she first acquires a Signalman position. Several key Rules use variations of
"assign," such as "assigned," "assignments," or "assigning," within their specific
context. Rules 51, 52, 53, and 55 compel the conclusion that being assigned means
regularly holding one of the Class 1 positions listed in Rule I after having been
promoted to that class of positions. The term "Signalman" does not automatically
accrue to an Assistant Signalman until he/she completes training and "acquires" or
is promoted to the Signalman position in Class 1. Such was not the case herein. The
Claimant was an Assistant Signalman. The claim lacks merit.
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 21st day of July 2004.