STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes Local 351, on the property of the Chicago and Eastern Illinois Railroad Company, for and on behalf of Mr. J. B. Canada that he be correctly assigned and paid for all time lost retroactive to the date, he was deprive of his correct assignment.
EMPLOYES' STATEMENT OF FACTS: On May 5, 1950, J. B. Canada was the recipient of a letter from the Chicago and Eastern Illino·s Railroad Company, by said letter J. B. Canada was placed on furlough, J. B. Canada had at that time been in the employ of the carrier since August 24, 1945. That subsequent thereto the carrier posted a bulletin No. 56 in the commissary, listing a position as waiter, that said bulletin expires August 22, 1950.
That J. B. Canada was given temporary work by the carrier, that expired on August 20, 1950 and was not given any work until four days after Bulletin No. 56 expired. It further appears that the carrier assigned one J. L. White, an employe whose seniority dates from January 5, 1946, to the position posted in Bulletin No. 56.
POSITION OF EMPLOYES: The employes state that the carrier, on May 5, 1950 wrote the employe and placed J. B. Canada on furlough, that the carrier included in the letter of May 5. 1950 a promise to J. B. Canada to adhere to the current agreement between the Employe and carrier, and further the carrier included in the letter of May 5, 1950 the specific paragraph of the current agreement, that the carrier would adhere to and said:
The employes contend that the carrier is bound to its agreement and if the carrier posted Bulletin No. 56 and assigned an employe of less service to the job as posted instead of J. B. Canada, that J. B. Canada should be compensated, that the employe relied upon the agreement between the par-
in accord with the provisions of Article II (f), and was assigned in accord with his seniority, leaving Chicago in regular assignment on Train No. 9, December 16, 1950.
The Carrier submits that inasmuch as claimant failed to make application for assignment to vacancy advertised in Bulletin No. 56 in accord with the provisions of Article II (f), his claim is without merit and should be denied.
That Carrier affirmatively states that data contained herein has been handled with the representatives of the employes.
OPINION OF BOARD: Claimant was returned to service May 12, 1950, in compliance with Article II (j) of Agreement effective March 1, 1943. He did not apply for position advertised by Bulletin No. 56 as required by Article II (f) of said Agreement. In the circumstances claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and