tablished. I am agreeable to extend the time limit, until the claim can be discussed in conference. Yours truly, /s/ J. T. Bass cc: Mr. P. P. Ash. This will serve as notice that your decision is not acceptable and the claim is being appealed. T. H. Gregg Comm." The claim was discussed in conference in the Personnel Department June 30, 1961, and declined by the Director of Personnel July 10, 1961. His letter is quoted below: "LOUISVILLE AND NASHVILLE RAILROAD COMPANY July 10, 1961 G-374-5 "Mr. J. T. Bass, General Chairman Brotherhood of Railroad Signalmen Falmouth, Kentucky "Dear Sir: "This refers to your letter of June 2, 1961, appealing claim in behalf of C. E. McNeil for the difference in helper's rate and assistant maintainer's rate from the date the position of assistant maintainer at West Knoxville was abolished, April 27, 1961, until the position is reestablished-which case was discussed in conference June 30, 1961. "You base the claim on Rule 30(a), taking the position that when a maintainer has apparatus on the territory which normally require services more in line with a maintainer's work than a helper's work, it is intended that an assistant maintainer will be used rather than a helper. "The purpose of the assistant maintainer and assistant signalman positions is for training employes as evidenced by Rules 8 and 30, the training period intended being for four years except as otherwise provided in Rule 30. Rule 30 further provides that at the expiration of four years' service as assistant signalman or assistant maintainer, an employe will be promoted to a permanent position of signalman or signal maintainer if a vacancy or new position is open. "According to our information, Mr. McNeil had completed his training and had established signalmen's seniority sometime ago, which he saw fit to give up. "There is nothing in the provisions of Rule 30 or any other Rule which designates at what points or locations positions of assistant signalmen or maintainers will be established. Position of assistant maintainer at West Knoxville, as well as a number of other locations, was abolished because of the necessity of effecting economies on account of the business recession which existed at the time. "In the circumstances, we see no basis for Mr. McNeil's claim and same is respectfully declined. Yours truly, /s/ W. S. Scholl The agreement involved became effective February 16, 1949, and has been revised to October 1, 1950. Copies of the agreement are on file with the Third Division. POSITION OF CARRIER: As heretofore stated by carrier, the abolition of the position of assistant maintainer at West Knoxville was the result of the necessity of effecting economies at that time. Obviously management has the right and duty to exercise judgment as to the best and most efficient and economical way to run the business. The question here involved is the propriety of carrier abolishing an assistant maintainer's position and establishing a helper position at West Knoxville. The Local and General Chairmen contended Rule 30(a) was violated. President Clark, in his letter of March 29, 1962, to the Executive Secretary of the Third Division, contended carrier violated the Signalmen's Agreement but did not refer to the rule or rules which it is alleged were violated. As regards the classification of Assistant Signalman, Assistant Signal Maintainer, Rule 8 of the Signalmen's Agreement reads as follows: "Rule 8. ASSISTANT SIGNALMAN, ASSISTANT SIGNAL MAINTAINER. "An employe in training for the position of signalman or signal maintainer working with and under the direction of a signalman or signal maintainer. "NOTE-Insertion of the word 'with' in this paragraph is not intended to restrict assistants from performing work under the direction of a signalman or signal maintainer. It is not intended that the word 'with' means that assistants must work within any specified zone or distance in performing the work under the direction of a mechanic. Likewise, it is not intended that assistants be sent out alone and on their own responsibility to perform bona fide mechanics' work." Rule 30 of the applicable agreement reads as follows: "Rule 30. ASSISTANT SIGNALMEN AND ASSISTANT SIGNAL MAINTAINERS. SPECIAL RULE. "(a) The number of assistant signalmen and assistant signal maintainers on a seniority district shall be consistent with the requirements of the service and the apparatus to be installed and maintained. "(b) Employes assigned to positions of assistant signalman or assistant signal maintainer shall be promoted from helpers when available; ability to learn the work being sufficient, seniority will govern. The training period is intended to be four years, except: "(1) An employe failing to show sufficient aptitude to learn the work, will at the expiration of two months, be returned to a position of helper, retaining his seniority rights as such. “(2) Assistant signalmen or assistant signal maintainers shall have the right to promotion in the order of their seniority to signalmen and signal maintainers if a position is open and they can qualify in less than four years. If an employe so promoted fails to meet the requirements of the position at the expiration of three months, he will be restored to his former position of assistant signalman or assistant signal maintainer where he may secure the necessary training and experience to complete his training period. "(3) At the expiration of four years' service as assistant signalman or assistant signal maintainer, an employe will be promoted to a permanent position of signalman or signal maintainer if a vacancy or new position is open. If no such position is open, such assistant will continue at the highest assistant's rate of pay until it is possible to promote him to a permanent position of signalman or signal maintainer. If there are two or more assistants on a seniority district who have completed four years service as such, the senior assistant will be promoted to fill the first permanent vacancy or new position. "(c) An assistant signalman or assistant maintainer will be classified and paid in accordance with his previous experience as an assistant on this and other railroads, except as in section (d). "(d) An assistant signalman or assistant signal maintainer who has been promoted to a permanent position of signalman or signal maintainer on this road prior to completion of his four years training, and later returns to the position of assistant signalman or assistant maintainer because of being displaced by force reduction or exercise of seniority, will be paid at the highest assistant's rate of pay." Carrier submits it is clear from the above quoted rules that an assistant signalman or assistant signal maintainer is an employe in training for a position of signalman or maintainer; that the number of assistant signalmen and assistant signal maintainers shall be consistent with the requirements of the service and the apparatus to be installed and maintained; that the training period is expected to be for four years, with certain exceptions; that at the expiration of four years' service as assistant signalman or assistant signal maintainer, an employe will be promoted to a permanent position of signalman or signal maintainer if a vacancy or new position is open. The whole purpose of the classification of assistant signalman or assistant maintainer is to train employes for future use as signalmen and maintainer. The number of men in such training at any time depends on the requirements of the service. When there is a plethora of trained signalmen and maintainers, the necessity for training additional men is, of course, less. There was no occasion or necessity for continuing the position of assistant maintainer at West Knoxville for the purpose of training and qualifying an employe for future use as a signalman or a maintainer-much less claimant McNeil. Claimant McNeil had established seniority as a signalman October 8, 1945. He forfeited signalman's seniority December 26, 1951, to remain on a permanent Helper's position at Chaska, Tennessee. He was working on position as Assistant Signal Maintainer at Etowah, Tennessee, when it was abolished December 2, 1955, at which time he went to West Knoxville to the position of assistant maintainer here involved. Claimant had qualified as a signalman but apparently desired to work as an assistant. There obviously was no purpose of carrier continuing the assistant maintainer's position at West Knoxville for training purposes as claimant had already qualified as a signalman but had returned to the lower classification of helper. Insofar as the applicable rules of the agreement were concerned, the position of assistant maintainer at West Knoxville was no different from assistant maintainer positions at other points. Carrier submits in the action taken it acted within its prerogatives and in no way violated the applicable agreement. There is, therefore, no basis for the claim and same should be denied. OPINION OF BOARD: On April 17, 1961, Carrier issued Bulletin No. 5, abolishing the Assistant Signal Maintainers position at West Knoxville, Tennessee, effective April 27, 1961 and on the same Bulletin, advertised a Signal Helpers position. Claimant, who was assigned to the Assistant Signal Maintainer's position, at the time it was abolished, bid in the Signal Helpers job under protest, requesting the abolished position be re-established. Employes allege a direct violation of the Signalmans' Agreement, particularly Rule 30 (a). Claimant was awarded the position of Signal Helper on April 28, 1961. Rule 30(a) reads: "The number of assistant signalmen and assistant signal maintainers on a seniority district shall be consistent with the requirements of the service and the apparatus to be installed and maintained." The Claim as argued by the Petitioner in the submission is a departure from that offered in support of the claim on the property, namely Rule 62— Preservation of Rates: "Established positions shall not be discontinued and new ones created under a different title covering relatively the same class of work for the purpose of reducing the rate of pay or rendering these rules inapplicable.” Such departure, does, in effect, present a new claim for our consideration, that was not presented nor handled on the property. Such contention not having been raised on the property, may not, for the first time, be raised before the Board. (Award 13207) The claim, therefore, must be dismissed. FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: That the parties waived oral hearing; That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934; That this Division of the Adjustment Board has jurisdiction over the dispute involved herein. Claim dismissed. AWARD NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: S. H. Schulty Executive Secretary Dated at Chicago, Illinois, this 30th day of June 1965. |