ORDER OF RAILWAY CONDUCTORS AND BRAKMEN
PULLMAN SYSTEM
In this dispute the Company has shown that Management fully complied with the provisions of RULE 31. Bulletining of Runs, the controlling Rule in this dispute. Also, the Company has shown that the Rule does not, as contended by the Organization, limit the right of the Company to any specific date or dates during the 5-day award period. Finally, the Company has shown that Third Division Award 7141 supports the Company's position in this dispute.
The claim that Conductor Fowler is entitled to be paid three days in connection with his assignment to Santa Fe trains 1 and 2 on January 8, 1956 is without merit and should be denied.
All data contained herein in support of the Company's position have heretofore been submitted in substance to the employe or his representative and made a part of this dispute.
OPINION OF BOARD: Three vacancies that existed in Lines 1240, 4024 and 4509 on December 28, 1955, were duly bulletined for a period of ten days, as required by Rule 31 (a) of the applicable Agreements. At the times material to the issues of this claim, Rule 31 (a) also prescribed that awards on bids for bulletined vacancies "shall be made prior to the start of the signout period on any day within five days (120 hours)" after the posting had been completed.
The Carrier awarded the three positions on January 8, 1956, which was the end of the first day following the completion of the posting period, assigning Claimant to the Line 4024 vacancy. His complaint is that Carrier chose a day to announce the awards that caused him to lose five days credit and pay. It is Claimant's contention that under the controlling Agreement, it was mandatory for the Carrier to make the awards not only within the prescribed five days but also on the day that would result in the least lost time to Claimant. The latter alleged requirement is undoubtedly desirable from the Claimant's standpoint but an examination of the Agreement discloses no such obligation.
The only provision as to when an assignment to a vacancy is to be made in Rule 31 (a)'s mandate that it must be made within five days after the close of the bidding period. There is nothing vague or indefinite about that language-it clearly means that the award shall be made on any one of the five days within the five day limit. In view of the provision's unambiguity, there is no valid basis for referring to any evidence of past practice and custom in seeking a solution to the problem at hand.
Accordingly, to sustain Claimant's contention would be tantamount to rewriting Rule 31 (a) by interpretation in older to add a qualifying requirement that is not actually there. As this Board many times has had occasion to hold, we are required to apply the rules as they have been written by the contracting parties. There is no question but that Carrier complied with the plain requirements of Rule 31 (a) and we have no authority to add to or supplement these obligations by interpretation or otherwise. See Awards 8219, 7498 and 6828. Cf. Awards 7141 and 9110.