Form 1 TI ADJUSTMENT
 THIRD DIVISION



The Third Division consisted of te regular members and i addition e
 obert t Richter when award was rendered.

                  (Brotherhood of Railroad Signalmen

PARTIES T TO DISPUTE.
 (Canadian National I Illinois Central Railroad.
 ( Company

            F L


      "Claim on behalf f t General Committee the Brotherhood ailroad Signalmen on the Illinois Central (IC):


      Claim n behalf of . Magee, for the differential between t

      Signal man's rate f pay and the Travelin ng Signal Maintainer's rate

      of astartin n November 2 , 1, a continuing until this

      dispute is resolved, account Carrier violate the current Signalmen's

      Agreement, particularly les 1, 1 , 1 an 32, hen it faile t

      lace a Claimant t monthly rate Traveling Signal

      intai. e's position t s awarded. Carrier canceled t

      ulletin then reissue t position s lower yin hourly rate

      position. Carrier's File o. IC-135- 2- 5. General Chairman's File

      No. I - - . BRS File Case o.1 -C."


FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds tat:

 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 Ac4
      v,.

For 1 a

    war o.71

Docket No. SG-38016
 0_®0__7

 This Division of the Adjustment ors jurisdiction over t dispute involved herein.

      Parties ti dispute ere given due notice f hearing thereon.


      In August 197 the Illinois Central (IC). the Gulf, Mobile i

(GM&O) Railroads merged. As a result the merger the Carrier n
 Organization entered into n Agreement covering all employees represented by t e
 One provision dealt with te rates f pay for Signal Maintainers. In
 Appendix paragraph , t vies agreed tt:

 d6

 ign Maintainer's rate f a ill e $6.95 our. (without
 COLA), except for those employees who, n e effective t
 of the new rules s agreement, are on a monthly rated Signal
 Maintainer position n the former Southern n Region.
 These employees will continue to receive the monthly rate
 which ill a adjuste all future general age increases,
 incli COLA, until these employees leave these positions.
 e overtime provisions f Rule 2 ill apply to these signal
 maintainers while receiving the monthly rate of pay."

 I October 20 1, former GM&O monthly rated employee left his job. On
 October , 001 the Carrier re the job t the Claimant. n the same t
 t Carrier realized its mistake, cancele the r of the job an rullti
 job as an hourly rated job which the Claimant did not bid.

 The Organization ale difference i rate,,

 if of li t

 The Organization the burden to prve tat the Carrier violate
 Agreement. n is c it failed et its . e reas is tat the
 1 i ant i f b i o the job, s there is basis to clai rate for a job which is
      .

For 1 .761
 a o1
 - -0 - -

 However, the basic reason' that the claim is invalid is because the 197
 Agreement provided for hourly rated Signal Maintainers except for those former
 Southern Region monthly rated employees. Stated differently, the rate
 applied to te incumbent employees, not to the position.

      When the former Signal Maintainer letj, his sibs

properly bulletined n hourly rated job.

      The Agreement s not violated.


                        AWARD


      Claim denied.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders
 that t an Award favorable to the Claimant(s) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


to t Chicago, Illinois, this n September