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:
(Kansas City Southern Railroad
STATEMENT OF CLAIM
:
"Claim on behalf of the General Chairman of the Brotherhood of the
Kansas City Southern Railroad (KCS):
Claim on behalf of R. H. Ware, Jr., for the pay differential between a
sixth step Assistant Signalman and Signalman plus Skill Differential
for all hours he has worked at the lower rate continuing until this
dispute is resolved, account Carrier violated the current Signalmen's
Agreement, particularly Rule 29 and the 1996 National Agreement,
Article VI, Section 1, and Article IX, Section 3, when it forced the
Claimant to take a lower rated position beginning November 13, 2000,
putting him in a worse position with respect to his compensation.
Carrier File No. K06015435. General Chairman's File No. 01-011KCS-185. BRS File Case No. 11900-KCS."
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
05-3-02-3-80
Parties to said dispute were given due notice of hearing thereon.
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.
AWARD
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.