NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Sidney St. F. Thaxter when award was rendered.
DISPUTE: CLAIM OF EMPLOYES: That Class C Lineman John Batt was entitled to fill Class B lineman vacancy during the period of rec. 11 to 27, 1944, inclusive, at Graybull, Wyoming, and reimbursed for wage loss suffered due to the improper assignment of an employe without any seniority rights in the Telephone and Telegraph Department.
It is our position that for the time it would be necessary to fill Mr. Peterson's position before a bulletin could be issued and a man assigned under that bulletin that it very definitely comes within the provisions of this rule. Mr. Batt requested that he be given this position which was denied him.
There were no other employes of the telegraph department given consideration for this temporary position even though there were several available who afterwards were given Class B assignments under bulletins.
Attention is also directed to the second paragraph of the General Chairman's letter of March 8, 1945 (carrier's Exhibit No. 2) which reads:
For the reasons stated in carrier's Exhibit No. 1, Lineman Batt, having no seniority as a Class B lineman, had absolutely no contractual right to the Class B vacancy. There are additional reasons why this claim as presented is manifestly untenable. More specifically, the vacancy for a Class B lineman was bulletined on November 30, 1944. The claim in behalf of Lineman Batt covers period December 11 to 27, 1944. Petitioner as indicated in foregoing quotation, places sole reliance in support of his contention upon the provisions of Rule 15(c) of the collective agreement. This rule reads:
It will be seen, therefore, that petitioner admits that the position at Greybull was bulletined on November 30, 1944, (see carrier's Exhibit No. 1) and at the same time relies upon a rule (Rule 15(c) ) which by its own terms has no application to other than non-bulletined positions. In this respect see carrier's Exhibit No. 3.
This claim is so entirely devoid of merit, equity or even material substance it is difficult to understand how and why it was permitted to reach the docket of the Second Division.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
The claimant, a Class C lineman, made application for the temporary position in Class B which Class C Lineman W. A. Anderson claimed the right to fill permanently. See Docket 1060, Award 1114. No application was made for this temporary position by any Class B lineman and the claimant based his right to it on the ground that he was the senior Class C lineman applying for it. Award 1114, which holds that the carrier is not obliged to give preference in filling a vacancy in one class to the senior qualified employe in the next lower class, is controlling here. What was true in the case of the permanent position must likewise be true in the .case of the temporary one.