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.
On August 31, 1955, the position of Car Inspector at New Braunfels was bulletined for bids in the place of H. A. Rust. The said bulletin did not state whether the position was a temporary or a permanent one. C. B. Denson was the successful bidder for the said position of Car Inspector as he was the senior applicant in point of service. On September 6, 1955, Denson went to work as said Car Inspector. Denson now claims that he is entitled to be reimbursed in the amount of $356.50 for expenses incurred while filling the temporary vacancy of Car Inspector H. A. Rust during September and October, 1955.
Said H. A. Rust left on his vacation from July 12, 1955 through July 31, 1955, and due to ill health did not return to work but instead, on November 8, 1955, applied for his annuity effective as of October 1, 1955. During the month of August, 1955, and to and including Monday, September 5, 1955, the said position of Rust was worked by Carman M. A. Nolen. Before August 31, 1955, H. A. Rust in the presence of C. B. Denson told L. R. Bell, the General Car Foreman, that he would not return to work but would draw sick benefit until such time as he would retire.
The carrier contended that Rule 24 applied, and the employes contended that Rule 14 applied.
Rule 14 deals with Temporary Vacancies. Rule 24 deals with the filling of Vacancies or New Positions. The NOTE included in Rule 24 states that temporary vacancies of 15 days or more will be bulletined and that employes filling such temporary vacancies will be returned to their former positions at the expiration of the temporary position. Rule 24 definitely covers the bulletining of permanent vacancies. The first sentence in paragraph (b) in Rule 24 states that an employe exercising his seniority rights under this Rule will do so without expense to the Railroad. Rust's position as Car Inspector was bulletined for bids under Rule 24 as a Permanent vacancy to the knowledge of C. B. Denson. Said Denson bid on said position as a permanent vacancy exercising his seniority rights and therefore cannot seek any expense from the carrier.