Award No. 19139
 Docket No. MW-19054






PARTIES TO DISPUTE:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL AND

PACIFIC RAILROAD COMPANY


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



EMPLOYES' STATEMENT OF FACTS: The claimants arw the employes who were assigned to fill the sixteen (16) section laborer's positions (subsequently increased to twenty-one (21) positions) which the Carrier advertised within Bulletin No. 17 mading:



    DIVISION ENGINEER'S BULLETIN NO. 17 MAINTENANCE OF WAY EMPLOYES TRACK DEPARTMENT DISTRICTS N0. 19-21-22 AND 18 MASON CITY AND WEST 20 SIOUX CITY AND WEST IM&D DIVISION


    Applications will be received in the office of the undersigned until 5:00 P. M., Monday, April 28, 1969, for the following positions in Division Extra Gang No. 2614 effeetive on or about May 5, 1969 to start work on territory of R. E. Gray west of Mason City, Iowa and other

OPINION OF BOARD: Carrier advertised certain positions with Bulletin No. 17 which reads as follows:

    "Austin, Minnesota

    April 16, 1969


    File: 9.61

    DIVISION ENGINEER'S

    BULLETIN NO. 17

    MAINTENANCE OF WAY EMPLOYES

    TRACK DEPARTMENT

    DISTRICTS NO. 19-21-22 AND

    18 MASON CITY AND WEST

    20 SIOUX CITY AND WEST

    IM&D DIVISION


    Applications will be received in the office of the undersigned until 5:00 P. M., Monday, April 28, 1969, for the following positions in Division Extra Gang No. 2614 effective on or about May 5, 1969 to start work on territory of R. E. Gray west of Mason City, Iowa and other locations as directed by Division Engineer, for a period of six (6) months or less.


    Positions Rate of Pay

    Division Extra Gang Foreman $610.45 per month.

    Asst. Extra Gang Foreman 554.44 per month.

    Six (6) Division Machine Operators 583.79 per month.

    Sixteen (16) Section Laborers At current section

    laborers rate of pay.

    Hours of Service: The assigned hours are:


        8:00 A. M. to 12:00 Noon & 1:00 P. M. to 5:00 P. M. daily, except Saturday, Sunday and Legal Holidays.


    The Foreman's bid subject to Paragraph (A), Rule 6, Maintenance of Way Schedule.


                      F. P. Hornig

                      Division Engineer


    cc: WKP BJW WEF KLC LWH WCW REG NJM DRD EEL RCE RET JWL MRM SET AJR JLP HFJ PHA."


No bids were received under said bulletin for the Section Labomr positions. The bulletin expired and new men were hired to fill the vacant positions. The Carrier paid the new employes at the Extra Gang Laborers rate of pay. The Organization contends that the newly hired men should have been paid at the higher Section Laborers rate. The Carrier stated that the "Section Laborer" identification in bulletin No. 17 was in error and should have been for "Extra Gang Laborers."

 Whether the identification was erroneous is not relevant. There is n" basis for the instant claim. The newly hired employes had established no seniority rights which would entitle them to the Section Laborers rate of pay. There is

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 no contractual basis or basis in the agreement for the claim. We certainly cannot bold that Bulletin No. 17 vested rights in the newly hired employes.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole record and ill the evidence, finds and holds:

    Tbat the parties waived oral hearing;


The 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

    That the Agreement was not violated.

                  AWARD

    Claim denied.


            NATIONAL RAILROAD ADJUSTMENT BOARD

            By Order of THIRD DIVISION

            ATTEST: E. A. Killeen

            ° Executive Secretary

Dated at Chicago, Illinois, this 21st day of April 1972.

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