The Second Division consisted of the regular members and in
addition Referee James P. Carey, Jr., when the award was rendered.
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, THE
EMPLOYES' STATEMENT OF FACTS: Salvador Munoz, hereinafter referred to as the claimant was regularly employed as an upgraded carman by The Atchison, Topeka and Santa Fe Railway System, hereinafter referred to as the carrier, at Bakersfield, California. The claimant was assigned to the working hours of 7:30 A. M. to 4:00 P. M. on the repair tracks, Monday through Friday, rest days of Saturday and Sunday.
On or about June 2, 1956 a bulletin was posted advertising a position as a trainyard car inspector with working hours of 11:00 P. M. to 7:00 A. M., Friday through Tuesday, rest days Wednesday and Thursday. Upon the closing of the bulletin, no bids had been received, and local management assigned the claimant to the advertised position, with the result that the claimant was removed from his regular repair track position and forced to accept a position
Finally, the employes' citation of Section (i) of Appendix "A" is not understood since there is nothing contained therein which has the slightest bearing on this claim.
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.
Rule 16(c) of the applicable agreement governing the subject of filling vacancies provides in part as follows: "If no bids are received, the position will be filled by assigning the junior qualified employe of his craft". No bids for the car inspector vacancy in question having been received, the evidence of record warranted the carrier's determination that employes junior to claimant were not qualified to fill it, and the instant claim therefore lacks merit.