For I ADJUSTMENT



                                        Docket o. 376 0

                                        0®_ ®®71


The Third Division consisted of the regular embers and in addition Referee obert Richter hen award rendered.

    (Brotherhood of Railroad ignlmen T T DISPUTE:

                  (Union Pacific Railroad Company


STATEMENT F

      "Claim on behalf f of the General Committee of the Brotherhood of

      Railroad Signalmen on the Union Pacifc (UP).


      Clai on behalf of T. . Clark, for the difference between his

      current rate of an the Senior Communications Technician rate

      of ay starting April 2, 2001, an continuing until the Claimant

      receives the Senior Communications Technicia rate, account

      Carrier violated the current Signal en's Agreement, particularly

      the Implementing Agreement dated June an Side Letter

            hen it faile t properly compensate thCaim ant upon

      completing his third class with score f better than r t.

      Carrier's File . 12 2. General Chairman's File o. 11 1.

      S File Case No. 142 ® P(Co )."


      C


      e Third d Division of the Adjustment Board, upon the whole record and all the

° e, rinds that:

 The carrier or carriers a the employee r employees involved this dispute are respectively carrier and employee within the meanim! of the Railway Labor Act,
    r,.

Form I Award No. 37609
    e Docket . 70


This Division of tdjustmet oar has jurisdiction over the dispute involved herein.

      Parties to said dispute ere given due notice f hearin thereon.


t the time the dispute arose the Claimant working Telecommunications employee., n September , 001 the r ization fled this
 clai n the basis that the Carrier violate the parties' June 1 ,1 Agreement.

    The Organization argues that the Claimant should have been i at the

    for Communications' Tenician rate f pay after successfully completing third class of training.


The Carrier argues tat n ay , 199 it entere into an Implementing Agreement with the Brotherhood of Railroad Signal en and the International Brotherhood Electrical Workers. The Implementing Agreement was ae i connection with the Union cific's merger with the Southern Pacific, an i resulte in the consolidation of telecommunications facilities, r n territories.

 Prior to te consolidation, Telecommunications workers h different u
 overning seniority, seniority districts, bulletining, a lis ents n classification
 f work, depending n whether they represented t e r t
 Pursuant to the Implementing Agreement, all understandings, interpretations Agreements previously in effect for Telecommunications eloyees were y the

 greemenith t ere nullified, except for Rules n provisions speciclly
 escribe in the Implementing Agreement. Thereafter, , BRS-represented employees
 came under a Collective Bargaining Agreement that as image _e
      a mirror of t

      Agreement, with certain exceptions spelled t i Implementing

Agreement.

      e f the specific provisions maintained for S-re rese to is

BRS rates f . Section A f the Implementing Agreement unequivocally states f:
        0

Form I Award No. 37609
 Docket o. 76
 0__003_71

        S-represented employees transferring t® the new with BRS

      pursuant to this Agreement shall maintain their current rates of pay

      for s long s they remain on a -represented position."

      h Agreement relied upon by the Organization in this case was made a,1 .


It is clear that the e May- 25, 1999 Agreement nullified the May 12, 1993
 Agreement. The later dated Agreement reads in part:
 " ection 1

        s f the effective to f the Agreement, all Telecommunications work and territo of the employees represented by the I E and the BRS shall a consolidated pursuant to Section 2 paragraphs and . The Collective Bargaining Agreement between the Union Pacific Railroad and the International Brotherhood f Electrical Workers

        (CBA

        it I E , ill a adopted s the new it

        effective June 15, 1999, for employees covere by the

        Brotherhood of Railroad Signal n Collective Bargaining

        greent on the former Gulf District, former C I a

        former n Pacific Railroad (as included in the for

        Missouri Pacific Railroad Company), effective J1, 1984

        (CBA with S). Thereafter, the January 1, 1lleciv

        Bargaining Agreement ill cease t exist.


        All understandings, interpretations, side letters n agreements

        applicable o employees covered y t with I E ill

        apply to Telecommunications employees covered by the CBA

        with S.


      . All understandings, interpretations and agreements previously

      i effect for employees covered y with cverin

      Telecommunications work are hereby nullifled and superseded

          s provided i as hereof f t effective

    Form 1 e4


    war . 760

Docket . 76
 05 -3 _0 _ .1

 ate f this agreement, except those rules r provisions maintained under this Implementing Agreement."

 The Agreement as not violated.

 .Claim enie .

 A

 E

 This Board, after consideration of the dispute identified v, here s
 at an and favorable to the Claimants) not a made.

 Dated t Chicago,

    NATIONAL RAILROAD ADJUSTMENT BOARD y Order of Thiivisio


      lli ois,


is 22nd day September 2 .