and Burlington, and this could best be accomplished by simply having the present employes at the two stations move to the new location as rapidly as the work could be absorbed at that point. (See Carrier's Exhibit C-4.)
While the Organization's General Chairman initially concurred in such thinking, he subsequently developed the second thoughts reflected in his letter of April 12, 1968 (Carrier's Exhibit C-5), wherein he requests that only the forces at Mount Vernon should be permitted to move with their positions to the new location, and that the positions at Burlington be abolished and then rebulletined at the new station.
In subsequent discussions with the General Chairman, the Carrier continued in its effort to convince the Organization that the least disruptive procedure to all would be in treating the situation simply as a change in office location for all the employes involved at both Mount Vernon and Burlington when the new station of Mount Vernon-Burlington went into effect. The Carrier's only alternative absent such concurrence on the Organirat5on's part was to abolish and rebulletin all the positions at the two former stations and the new joint agency, respectively, under the applicable rules (see Carrier's Exhibit C-6), and this was eventually done.
It was against this background of uncertainty as to procedures to be followed in effecting the joint agency and the necessity for avoiding a disruption of service to the shipping and traveling public that the Carrier's local officers decided to accept the penalty payment of time and one-half to the agent (R. F. Wars) at Burlington for the short period of time necessary to equip the new station building and effect an orderly business transition.
Claim No. 1 was initially filed March 28, 1968 by the District Chairman, contending that the Carrier violated the bulletin rule (see Rule 5-d, as amended, page 3, Exhibit 12). However, the substance of the claim flows to the temporary vacancy rule (Rule 6, see page 8, below), inasmuch as it seeks payment for the period March 4 through March 8 and March 11 through March 15. (See Carrier's Exhibit C-7.)
Claim No. 2 was first filed on March 18, 1968 by the District Chairman, seeking 8 hours at the time and one-half rate for ". . . each date beginning March 18, 1968, that he is held off the Agency position at Burlington, Washington." The District Chairman's claim letter quotes from th^ bulletin rule (Rule 5-d, as amended) and protests the cancellation of the supplementary bulletin described on page 3 of this submission (see Carrier's Exhibit C-8). The claim was initiated and progressed on the assumption that the claimant would have been the successful bidder on the position had the bulletin not been cancelled. The two claims were combined in subsequent handling on appeal. The parties were unable to resolve the dispute in correspondence and subsequent conferences on the property.
OPINION OF BOARD: This dispute consists of two claims in favor of telegrapher J. B. Spence growing out of the manner in which Carrier dealt with a change in personnel at its Burlington, Washington station.
For many years two separate stations served the Burlington-Mount Vernon community. These stations were located about four miles apart, and each had an agent and other employes. Claimant Spence occupied a relief positicr at Burlington.
Carrier made arrangements to consolidate the two stations :it a new location about midway between the two previously existing stations, and expected to effect the change about March 1, 1968. In anticipation of the change Agent R. G. Wars at Burlington bid for a vacancy at another station and was succossful.
It is noted that the bulletin rules required Mr. Wans to be assigned to his new job not later than March 1, 1968, or be compensated at premium rate for work performed elsewhere. These rules also contemplate the prompt bulletining of vacancies resulting from actions such as Mr. Wars took here to bid in another job.
Another rule permits employes in an office to move up to temporary vacancies in that office.
Carrier, because of the impending changes at Burlington-Mount Vernon, did not permit Mr. Wans to go to his new job, but required hhn to stay at Burlington, paying him the premium rate. There was considerable confusion about the bulletining of the position at Burlington when Mr. Wans became the successful bidder on another job. But, it finally developed that Carrier did not intend to bulletin this job because it was to be merged into the new location facility very shortly.
Claimant Spence contended that such handling violated both the "bulletin" rules and the "move up" rule. Two claims were filed. The first asserted that because of the alleged violations Spence was deprived of his right to move up to the agent position for the two-week period March 4 to 15, excluding rest days; that he thus should be treated as being held off his rightful job for that period; and that he should be compensated at the premium rate.
The second claim asserted that since Carrier had failed to bulletin the vacancy created by Wans' bidding off the agent position he, Spence, should be considered as having a right to fill the position or be paid the premium rate.
We have carefully considered Rules 5 and 6, referred to herein as the "bulletin" and "move up" rules, and have concluded that the Claimant, in face of Rule 5(e) had no absolute contract demand to move to the Temporary Vacancy under Rule 6. There was no Temporary Vacancy subject to the move-up provisions.
Claim No. 2 also must be dismissed. It is based on speculation and conjecture. There is no showing that Mr. Spence would have been the successful bidder if the bulletin had been allowed to stand and run its normal course.
FINDINGS: The Third Division of the Adjustment Board, 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