STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Erie Railroad that:
EMPLOYES' STATEMENT OF FACTS: The claimant, George Knothe, held a regularly assigned position as Assistant Signalman at Jersey City Terminal with working hours from &:00 A. M. to 12:00 Noon and 1:00 P. M. to 5:00 P. M. daily except Sundays and holidays. He was awarded this position under bulletin advertising it as a new Permanent position under date of January 7, 1947.
On February 6, 1947 claimant was taken off his regular assignment as Assistant Signalman and was used to fill a temporary vacancy at Grove Street Tower, a position with regular assigned hours from 2:00 P. M. to 10:00 P. M., for which he was properly paid on this date. He was used on occasions subsequent to February 6, 1947, but not properly paid for such service.
The services rendered by the claimant in the Maintainer's position at Grove Street Tower were temporary. He was not assigned to the temporary vacancies by or through the application of bulletin rules, and in performing services in temporary vacancies he worked outside of his regularly assigned hours for which he was paid the Maintainer's rate at straight-time.
Thereafter, on April 26, 1948, Vice President P. W. Johnston confirmed the agreed-upon disposition of the Knothe case and, in part, said as follows:
The Third Division National Railroad Adjustment Board, in Award No. 4505, denied the claim by Desmet. The Employes then, instead of abiding by their agreement, advanced the Knothe case alleging no decision in the DeSmet case. The Carrier declined and held that inasmuch as the Employes had proposed that the Knothe case be held in abeyance and to then dispose of it on the basis of the Award issued in the DeSmet case they should now rightfully withdraw and close this claim by Knothe. This they declined to do and progressed the matter ex parte to the Third Division.
The Carrier feels that. this claim is entirely without merit based on the records as cited above and that it should be denied.
OPINION OF BOARD: Claimant, a regularly assigned Assistant Signalman, was temporarily assigned (not by exercising his seniority) to position of Signal Maintainer, for the period from February 6, 1947 to arch 23, 1947. The hours of his regular assignment were from 8:00 A. M. to 12:00 noon-1 P. M. to 5 P. M., daily except Sunday and holidays; that of the temporary assignment were from 2 P. M. to 10 P. M. 5460-9 804
That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1931;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
Claim sustained for period from February 7, 1947 to and including March 23, 1947. Claim denied as to any subsequent period.
The majority errs in its award sustaining claim when they hold that "The temporary service to which claimant was assigned was not a promotion within the rules governing the parties", because: (Underscoring added.)
It ignores the purpose and provisions of Rule 28 of the Agreement respecting promotions frcm Assistant Signalman class to Signalman's class.
It, in effect, holds Bulletins are necessary to a promotion for all vacancies and new positions, even for short periods, regardless of the fact that Rules 56 and 57 of the Agreement negotiated by the parties, provide framework with express limitations under which Bulletins shall be issed.
Awards cited to support this Award are distinguishable and are not in point here where a qualified assistant signalman was promoted in accord with practice, and temporarily worked as a signalman in higher class.