June 2, 1952, had not "abolished" jobs but had stated that the men were "furloughed," the method adopted in returning them to their "former positions" would have complied with Article 17(f) and there would be no claim. This distinction is untenable. If jobs were not abolished, no men could have been furloughed and, consequently, there could not have been any reduction of forces; and without a reduction of forces there could be no restoration of forces as contemplated by Article 17(f). It follows that the jobs abolished became the "former positions" contemplated by Article 17(f). The former positions to which the claimants were returned were positions they held through exercise of their seniority prior to the force reduction. Upon restoration of forces all positions were bulletined in accordance with Article 10. Since all of the former positions were restored, it was possible to return all employes to their former positions. We believe the schedule agreement was complied with literally.

It is, therefore, respectfully submitted that the claim be denied and the carrier requests that the Board so decide.

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 parties to said dispute waived right of appearance at hearing thereon.

This dispute arises over the question of seniority in recalling furloughed employes into service.

On Monday, June 2, 1952, carrier abolished all positions in its Locomotive and Car Shops at Donora, Pa., same to become effective at 3:00 P. M. on Thursday, June 5, 1952. The reason for doing so was a strike of United Steelworkers. On June 5, 1952, all employes whose positions had been abolished were given furlough notice. The strike having ended the carrier, as of Sunday, July 27, 1952, recalled these employes to its service. On Monday, July 28, 1952, carrier advertised positions in its Locomotive and Car ,Shops, in accordance with Rule 10 (a) of the parties agreement and, as of Saturday, August 2, 1952, assigned the successful bidders thereto. However, pending assignment under these bulletins, carrier temporarily filled the positions under the provisions of 17 (f) and not under 10 (a), the latter requiring it to be done solely on the basis of seniority.

It will be noted that carrier abolished all positions in its Locomotive and Car Shops effective as of June 5, 1952, and that the subsequent reduction of force and placing of employes on furlough resulted therefrom. Consequently it was necessary, when the time came to again resume work, to bulletin new positions and to comply with the requirements of the agreement relating thereto. If carrier had desired to make the provisions of 17(f) available when it resumed work it should have placed these employes on furlough without abolishing their positions. As stated in Award 1499 of this Division.

" . existing positions were not abolished but employes were merely furloughed with the intention of returning them to their regularly assigned positions."

Under the situation here carrier was required to recognize the seniority of its employes in temporarily filling these bulletined positions pending their being permanently filled. We find the claim should be allowed.

AWARD