The Second Division consisted of the regular members and
in addition Referee P. M. Williams when award was rendered.
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Mr. 0. S. Garrett, hereinafter referred to as the claimant, is employed by the Missouri Pacific Railroad Company, hereinafter referred to as the carrier, in the capacity of carman at Kansas City, Missouri. The claimant is regularly assigned to a vacation relief job Monday through Friday, rest days Saturday and Sunday, 7:30 A. M. to 4:00 P. M., and when not working vacation relief job he completed his forty hours per week on the repair track.
The claimant held this job ~on October 24, 1960 and on that date (October 24, 1960) vacancy bulletin No. 212-C was posted for car inspector's job 11:00 P. M. to 7:00 A. M., East end train yards, work week Wednesday through Sunday, rest days Monday and Tuesday. The claimant was the successful bidder, which is assignment bulletin #2'12-C. Vacancy bulletin #212-C expired at noon on Friday, October 28th; the starting time of the new job was 11:00 P. M., October 28th, and the claimant was then working on the rip track near the office and could have been notified before his quitting time at 4:00 P. M. that he had been assigned to the new job. However, the assignment was not made until October 31, 1960.
The claimant was deprived of working his new assignment on October 28, 29 :and 30th, 1960, then required to take rest day Tuesday, November 1st, 1960, prior to being placed on his bid-in assignment, causing him to lose the first three (3) days of his assignment - October 28, 29 and 30th.
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 October 24, 1960 Claimant O. S. Garrett, was employed by the Carrier as a vacation relief carman at Kansas City, Missouri. On that date he bid on vacancy bulletin No. 212-C, a car inspectors job on the 11:00 P. M. to 7:00 A. M. shift with work days Wednesday through Sunday, rest days Monday and Tuesday. The vacancy bulletin expired at noon on Friday, October 28, 1960. Claimant was the successful bidder on the job involved herein but he was not assigned to the new position until Monday, October 31, 1960. Claimant worked his previous assignment on October 31 but alleges that if the Carrier had "promptly" assigned him to his new position, as required by the Agreement, he would have worked October 28th, 29th and 30th and since he was not "promptly" assigned to the new job he should be paid for days mentioned.
Rule 13(b) of the applicable agreement between the parties is controlling and is as follows:
The language of the above quoted rule conveys a meaning to us that the parties intended for each to have five days to accomplish the mechanical processes of job bids; i. e., the bulletin was to remain posted for five days for the employes to make their desires known and the Carrier was to have five days thereafter in which to determine the successful bidder and to make the assignment.
In the instant case the Carrier acted within the five day period after the closing of the bids, therefore the claim of Carman Garrett must be denied.