Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10913
 SECOND DIVISION Docket No. 10492
 2-HB&T-CM-'86

 The Second Division consisted of the regular members and in addition Referee Steven Briggs when award was rendered.

 (Brotherhood Railway Carmen of the United States ( and Canada Parties to Dispute: (Houston Belt and Terminal Railway Company

 Dispute: Claim of Employes:

 1. That the Houston Belt and Terminal Railway Company violated Rule 14(a) and Note when they filled job vacancy of Carman J. Tymniak February 27, 1983 through March 27, 1983 without posting job as per rule cited.

 2. That the Houston Belt and Terminal Railway Company be ordered to compensate the following Carmen:

 G. Weiner February 27, 1983 12 hours (twelve)
 G. Weiner March 6, 1983 12 hours
 G. Weiner March 13, 1983 12 hours
 G. Weiner March 20, 1983 12 hours
 G. Weiner March 27, 1983 12 hours
 J. Bouldin February 28, 1983 12 hours (twelve)
 J. Bouldin March 7, 1983 12 hours
 J. Bouldin March 14, 1983 12 hours
 J. Bouldin March 21, 1983 12 hours
 R. Crowley March 3, 1983 12 hours (twelve)
 R. Crowley March 10, 1983 12 hours
 R. Crowley March 17, 1983 12 hours
 R. Crowley March 24, 1983 12 hours
 M. Cotton March 4, 1983 12 hours (twelve)
 M. Cotton March 11, 1983 12 hours
 M. Cotton March 18, 1983 12 hours
 M. Cotton March 25, 1983 12 hours
 T. Sybill March 5, 1983 12 hours (twelve)
 T. Sybill March 12, 1983 12 hours
 T. Sybill March 19, 1983 12 hours
 T. Sybill March 26, 1983 12 hours
 Form 1 Award No. 10913
 Page 2 Docket No. 10492
 2-HB&T-CM-'86
 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 employes 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 February 27, 1983, Carman J. Tymniak was injured at the Carrier's Houston, Texas facility. Carrier Officers discussed the injury with him and his physician to determine how long Tymniak would be out of service due to the injury, whereupon they filled the vacancy with the youngest Carman available.

 On March 30, 1983, the Carrier posted as a temporary assignment the vacancy created by Tymniak's injury, and the job was awarded on April 5, 1983, to the only bidder. Tymniak returned to work on April 14, 1983.

 The Organization claims that Tymniak's position should have been bulletined the day of his injury, since it was obvious immediately that he would not return to work for months. Also, the Organization notes that the five Claimants were on the Overtime Board and available to fill Tymniak's position on the dates of their Claims (February 27 through March 27,1983). Thus, the Organization argues, by failing to post the job immediately the Carrier violated Rule 14. Rule 14 is quoted in pertinent part below:


Form 1 Award No. 10913
 Page 3 Docket No. 10492
 2-HB&T-CM-'86
 NOTE: Temporary vacancies of fifteen (15) days or
 more will be bulletined. Employees filling such
 temporary vacancies will return to their former
 positions at the expiration of the temporary
 position.

 The Carrier argues that the Claim was improperly filed. First, it notes that some of the Claimants were either on duty on dates covered in the Claim, or were otherwise unavailable for service. Second, the Claim covers twenty-one days, and there is no contractual requirement to bulletin the position during the first fifteen days. Thus, only six days of the Claim could possibly be valid. Third, the Claim was filed for twelve hours on each of the twenty-one days, reflecting eight hours at the punitive (1 1/2) rate. The punitive rate is not applicable for work not performed.

 With regard to the merits, the Carrier asserts that it was not in a position to know what would be the duration of Tymniak's absence. Thus, after the vacancy had existed for thirty days the Carrier decided to bulletin it as a temporary vacancy. Moreover, none of the Claimants bid on the position.

 With regard to the merits of the case, the Board concludes that the Claim is valid in part. It is clear from Rule 14 that the temporary vacancy created by Tymniak's absence should have been posted after the fifteenth day of its existence, regardless of whether the duration of his temporary absence was known by the Carrier. However, we agree with the Carrier that it is not responsible for posting the vacancy during the first fifteen days of the vacancy's existence. And, since those fifteen days are included in the Claim, they should be disallowed.

 Moreover, we do not feel it is appropriate to compensate any of the Claimants for the remaining six days claimed if indeed they were not available for filling the vacancy. Unfortunately, the record does not contain complete evidence as to their respective availability on those days.

 Thus, we conclude that the Carrier is financially obligated for reimbursement of six days at the straight time rate (48 hours total). The Carrier and Organization are hereby directed to distribute such funds among the Claimants equitably, ensuring that no single Claimant is reimbursed for work on any of the last six days covered by the Claim if indeed that Claimant were unavailable for work on that day.
 Form 1 Award No. 10913
 Page 4 Docket No. 10492
 2-HB&T-CM-'86




                            By Order of Second Division


                  00, 00-W

Attest:,
                  4Z14" ~p~


        Nancy Jar - Executive Secretary


Dated at Chicago, (Illinois, this 9th day of July 1986.