Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40909
Docket No. SG-40955
11-3-NRAB-00003-090297
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Belt Railway Company of Chicago
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Belt Railway of Chicago:
Claim on behalf of P. J. Rizzo, for compensation for the differential
between his current rate of pay and the Lead Signal Technician rate
of pay for all hours worked after August 31, 2007, continuing until
he is awarded the position of Lead Signal Technician that he should
have been awarded after his position was abolished, account Carrier
violated the current Signalmen's Agreement, particularly Rule 36,
when it failed to allow the Claimant to assume the position of Lead
Signal Technician after he was the senior bidder. Carrier's File No.
08-BRSA-002. General Chairman's File No. 07-08-BRC. BRS File
Case No. 14197-BELT."
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.
Form 1 Award No. 40909
Page 2 Docket No. SG-40955
11-3-NRAB-00003-090297
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant's displacement onto the Lead Signal Technician position was
denied by the Carrier because of his lack of an FCC Operator certificate to repair
radar transmitters. It is undisputed that the Claimant did not possess the
certificate. The focus of the dispute, however is whether the certificate was a proper
requirement to hold the position on a permanent basis.
After careful review of the record, we find that the record fails to satisfy the
Organization's burden of proof to establish the merits of the claim. Accordingly,
the claim must be denied.
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 10th day of March 2011.