(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (.The Baltimore and Ohio Railroad Company

The Carrier violated the current Signalmen's Agreement, as amended, particularly the Scope and Rule 47 (a) paragraph 6, by not extending Bulletin No. 526 dated December 20, 1974 to the Baltimore West End Seniority District.

That the Carrier now be required to accept a late bid from Mr. T. R. Gillespie, ID No. 1510052, Monongah Division, home seniority district, but was furloughed from this seniority district and was working on the Baltimore West End Cumberland Division Seniority Roster as of January 3, 1975.

Mr. T. R. Gillespie should now be allowed $3.00 per day under the 298 Award from the time a new man was hired, who was Mr. L. Weaver. This claim of $3.00 per day continue as long as this violation exists, as Mr. Gillespie did occur expenses while working away from home. (Carrier file: 2-SG-439)


                    vis a vis Signal Helper L. Weaver, and


                      (b) A claim for "meal allowance expenses" under the provisions of Award of Arbitration Board :io. 298.


                      We will deal with these issues separately.

                    Award Number 21895 Page 2

                    Docket Number SG-21898


The operative facts relative to the seniority issue are reasonably clear. Claimant Gillespie, while on furlough from the Monongah Division (his "home" district) made application for and was awarded a position covered by the Signalman's Rules Agreement on the Baltimore Division, West End. While working on the Baltimore Division, West End, a Signal Helper pos Cumberland Division for which no bids were received. Therefore, Mr. L. Weaver was hired as a new employe and assigned to the position effective January 6, 1975· The crux of the contention here is that the Cumberland Division bulletin was not made available to the employes of the Baltimore Division, West End as required by Rule 47(a) 6 which provides in pertinent part as follows:

        "(a) After the closing time for receiving bids the position will be awarded by one of the following procedures in the order indicated:


            "6. By extending the bulletin to other seniority districts in the same Region, but nothing herein will be construed as requiring the assignment of a non-applicant to a position on other than his home seniority district. * * *."


Petitioner contends that if the provisions of Rule 47(a) 6 had been complied with, claimant would have made application for the bulletined position and thereby would have established seniority standing on the Cumberland Division ahead of Mr. Weaver. Petitioner argues that this contention is believable because of the fact that claimant did - in fact - make application for and was awarded a similar position on the Cumberland Division within two (2) months after Mr. Weaver was employed. Petitioner presented, on the property, an affidavit from claimant in which he alleged that neither he nor his foreman nor his supervisor on the Baltimore Division had received the bulletin which resulted in Mr. Weaver being employed.

 Carrier, on the other hand, offers this Board no evidence to show that the Cumberland Division bulletin in question (Bulletin No. 526) was - in fact - posted on the Baltimore West End Division. Carrier candidly admits that the Award to further admits.that a subsequent Cumberland Division bulletin (No. 502) also "had not been distributed to the Baltimore or Monongah Division ---".
                  Award Number 21895 Page 3

                  Docket Plumber SG-21898


It was through this latter error, that was later rectified by the posting of Bulletin No. 504, that Claimant Gillespie subsequently acquired a position and established seniority standing on the Cumberland Division effective February 21, 1975.

 The Board has made an extensive examination of this record and has considered the assertions advanced by both parties. It is our conclusion that Carrier's reliance on the contention that, because the Baltimore West &d Division Superintendent's name appeared on the advertising bulletin, it, there division, is not reasonable. All that shows with certainty is that the bulletin was properly prepared. It is not unreasonable to conclude that - like the Award to Buhetin No. 520 or like Bulletin No. 502 - this bulletin too was "for some inexplicable reason --- not sent to the Baltimore West End Division". Clearly some positive refutation to claimant's affidavit was indicated. None eras presented. Therefore, it is this Board's decision that, based on the circumstances present in this case, Claimant Gillespie should be listed on the Cumberland Division seniority roster with a date of January 3, 1975, immediately ahead of Mr. L. `cleaver.

 As for part (b) of this case which asks for payment of "$3.00 per day under the 298 Award", the Board is unable to find any justification for or Rule support of s position in question was not in any way involved with any application or provision of either Appendix "E" or Rule 41 of the Agreement - each of which relate to Award of Arbitration Board No. 298.

        Therefore, part (b) of the subject must be and is denied.


        F12OTNGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the c2aployes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award :lumber 21895 Pagge 4

                    Docket number SG-21898


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

        That the Agreement was violated in regards to Rule 47(a) 6.


                    A W A R D


        Claim sustained in part, as indicated in the Opinion.


                        NATIONAL RAILROAD ADJUSTI,"M BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 15th day of February 1978.

 :V

 PEAR 0 7 1978

    BERG P