The Second Division consisted of the regular members and in

addition Referee David R. Douglass when the award was rendered.


PARTIES TO DISPUTE:










EMPLOYES' STATEMENT OF FACTS: During the period July 8, 1954 to August 28, 1954, inclusive, Clerk L. C. Oelze was assigned to fill temporarily the position of assistant car foreman, at the Jefferson Avenue Yards, who was off on vacation.

 The dispute was handled with the carrier officials designated to handle such affairs who all declined to adjust the matter.

 The agreement effective April 1, 1945, as subsequently amended, is controlling.

 POSITION OF EMPLOYES: It is submitted that under the clear and unambiguous terms of Rule 29, which reads as following:



2093-4 5,91

    chanics to fill temporary vacancies. Both rules must, of couse, be considered in arriving at the meaning of the parties.


    THIRD. Our interpretation of Rules 15 and 29 is substantiated by our practices under the contract. As we told you in our letter of July 21, 1954 referred to, we have appointed twelve clerks to foreman positions and hired six foremen from outside sources since 1919, none of which appointments were protested by the Shop Crafts' organi zations.


    We cannot make any change in the decision given in our letter of July 21, 1954, referred to."


There is no basis for the claim under the rules of the agreement and it should be denied.


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 were given due notice of hearing thereon.


The question for our determination is whether or not the carrier is bound to use a mechanic when it chooses to fill the place of a foreman temporarily.


The facts of record disclose that the carrier selected a clerk to temporarily fill a foreman's vacancy.


It is our opinion that the action taken by the carrier in the instant case was in violation of Rule 29 of the effective agreement. The rule provides in essence, that if the carrier chooses to assign an employe to temporarily fill the place of a foreman such choice shall be limited only to mechanics from the respective crafts in their departments.


This same question has been passed on by this same Division in its Award No. 1628 which sustained the claim of a machinist when a furloughed foreman was used to temporarily fill a vacancy of foreman's position.


It is urged here, by the carrier, that the instant case should be decided differently than was the case covered by Award No. 1628, because of the inclusion of Rule 15 in the current agreement before us. We believe that Rule 15 has to do with other than temporarily filling a vacancy. The carrier seemingly is not restricted in making its choice of foremen except when employes are used to temporarily fill a vacancy.


                  AWARD


    Claim sustained.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


              ATTEST: Harry J. Sassaman

              Executive Secretary


Dated at Chicago, Illinois, this 11th day of April, 1956.