PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:









EMPLOYES' STATEMENT OF FACTS: The claimant had established and held seniority as a section (track) laborer within Group 1 of the Track Sub-Department as of February 25, 1957. He had never established or held seniority in any other group or rank, but he had frequently been temporarily assigned to work as a roadway machine operator and as a truck driver


Mr. E. Lemons had established and held seniority as a section (track) laborer within Group 1 of the Track Sub-Department as of June 2, 1964. He did not hold any other seniority within the Maintenance of Way Department. He had never been assigned and used-temporarily or otherwise-to perform the work of any other group or rank included therein.


Under date of June 8, 1964, six (6) days after Track Laborer E. Lemons entered its service, the Carrier issued Bulletin No. 3372 advertising a Scales and Work Equipment Sub-Department position of garage serviceman. Said bulletin was cancelled the following day, and the aforesaid position was readvertised by Bulletin No. 3372-A, which reads:





(b) Vacancies or new positions, except those of motor car repairmen (permanent vacancies in motor car repairmen positions shall be filled in accordance with Memorandum of Understanding of November 8, 1939, between committees representing Shop Craft and Maintenance of Way Employes, and the EJ&E Railway Company), in the Scales and Work Equipment sub-department will be filled first my employes holding seniority in the group and rank in which the vacancy or new position occurs. If not so filled, they will be filled by qualified employes in succeeding lower ranks in that sub-department. In the event the vacancies or new positions are not so filled by employes in the Scales and Work Equipment subdepartment, they will be filled by qualified employes from Group 2 Track Sub-department desiring same or qualified employes desiring same from the Bridge and Building sub-department and the Track sub-department in that order before hiring a new employe. Employes so assigned will retain their seniority rights in the respective other groups and sub-departments from which taken.









Rule 10. Employes awarded bulletined positions will be allowed sixty (60) calendar day. in which to qualify for such position, and failing to do so will be so notified within seven (7) calendar days of the expiration of the sixty (60) day qualifying period at which time they will have the right to return to their former positions without loss of seniority.




OPINION OF BOARD: The issue presented in this case is identical to that resolved in Award 16157, and the Petitioner and Respondent are identical. We adhere to and adopt the reasoning contained in that opinion and will deny the claim.


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:


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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, 19S?;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and










Dated at Chicago, Illinois, this 2 i th day of March 1968.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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