Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37443
Docket No. SG-37121
05-3-02-3-80

The Third Division consisted of the regular members and in addition Referee Robert Perkovich 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. 37443
Page 2 Docket No. SG-37121





The Claimant's driver's license was suspended due to a drunk driving conviction. The loss of his driver's license triggered the loss of his Commercial Driver's License. The Claimant's loss of his CDL led to his reassignment from a Signalman's position to an Assistant Signalman position with a corresponding reduction in pay.


The record reflects that the Organization's challenge to the Carrier's reassignment of the Claimant, including its claim of disparate treatment, has been considered and rejected by the Board in Third Division Award 36400. This, to the extent that the Organization renews that challenge, it again must be rejected. The record also reflects that the Organization contends that the Carrier violated the parties' February 7, 1965 Agreement as well as Rule 29. Those contentions are rejected. With regard to the former, the proper forum with jurisdiction over any such claim is not the Board, but rather Special Board of Adjustment No. 605. With regard to the latter, the record reflects that the Organization said nothing about a Rule 29 violation during the on-property handling other than making a reference to the Rule. Thus, its argument of an alleged Rule 29 violation is new and not properly before the Board.




      Claim dismissed.


                          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, 2005.