THIRD DIVISION Docket Number CC 24243

                    George S. Roukis, Referee


Brotherhood of Railway., Airline sad Steamship Clerks, Freight Hailers, Express sad Station Hnployes PARTIES TD DZSPU'fE: (Elgin, Joliet and Eastern Railway Company

                  STATF39sNT OF CLA24: Claim of the System Committee of the Brotherhood 9522) that:


1. Carrier violated the effective Clerks' Agreement when, effective July 3, 1980, it abolished certain positions at South Chicago, Illinois and subsequently, re-instated these positions under different titles for the purpose of evading the appl
2. Carrier shall now compensate the following mined senior furloughed employes and/or their successor or successors in interest; namely, any other employe or employee who have stood is the status of Senior Furloughed Employs end an such were adversely affected; for eight (8) hours' pay at the pro rata sate of the position set forth below far tech and every Monday through Friday hereinafter listed:
        Claimant Position No. Inclusive Dates Claimed

    Ms. D. Burgess GT-480 July 22 through August 1Tj. 1980

    Ms. D. fhysy GT-266 July 14 through July 23, 1980

    Mr. H. Wi1118m8 GT-195 July 21 through July 28, 1980

    Mr. J. D. Hairston GT-550 July 15 through July 30, 1980

    Ms. D. fhponigro OT-552 July 72 through August 4, 1980

    Ma. S. Jones GT-194 July 14 through July 24, 1980


OPINION OF HOARD: South Works, which is one of the larger steel making facilities
 of U. S. Steal Corporation is located on Carrier's line of
 road at South Chicago Illinois. Except far some Limited interchange service in
 the immediate area, the primary service performed by Carrier at this situa is
 within the South Works facility.

 three (23) of the twenty ~~er~ T1~ bulletin No. 216 advising that twenty
 y ( ) positions at this location would be
 abolished, effective June 29, 1980· Subsequently carrier abolished every clerical
 position, including the three (3) extra board positions, but retained the Chief
 Yard Clerk's position (GT-191). As such, except for this latter position, none of
 the original positions abolished existed after the effective abolishment date.
                    Award Number 24070 Page 2

                    Docket Number CG-24243


The U. S. Steel Corporation had announced. that it would close this facility for two (2) weeks beginning June 30,, 1980 and noted that it was uncertain as to when it would resume operations. As activity at this facility steadily improved during Ju7y.9 1980 Carrier bulletined and assigned six (6) extra board positions and three (3) regular positions. Inter it bulletined six (6) more regular positions end used the newly assigned extra board eaN ployes to fill these positions,, pending assignment by bulletin.

 The Organization argues that Carrier violated the controlling Agreement since it did not bulletin the latter six (6) positions as new positions, follow assignment procedures and return furloughed employee to service. It contends that under Rule 19(g) a senior employs is service may bid on and be assigned to the new positions which would create a vacancy in his former position,, thus permitting the senior furloughed employs to bid and be assigned to the vacant position. Carrier argues that it complied with the Agreement, since it abolished the positions in accordance with the controlling Agreement and established the extra board positions pursuant to the requirements of the June 8,, 1979 Extra Hoard Agreement. It asserts that the extra board employes,, selected on . the basis of seniority, were used to fill the short vacancies on the positions designated GT-4802 GT-266 GT-195 GT-550o GT-552 and GT-194 sad the aforesaid positions rare properly bulletined. It avers that the rates of pay remained the same and none of the work is these positions was allocated to other employees outside the scope of the Agreement.

 In reviewing this cases we find that (terrier properly abolished the clerical positions an June 29$ 1980 consistent with the applicable provisions of the controlling Agreement. The economic exigencies at the South Works facility prompted Ca acted in bad faith rhea it effectuated these reductions. The operations at this facility were under the control of the U. S. Steel Corporation and it was difficult for Carrier to determine accurately its farce needs. Carrier advertised nine (9) positions on July 5: 1980 is anticipation that it would pare a sufficient rack force to provide required services pending resumption of operations, These positions (6) were extra board positions ate. three (3) rare regular clerical positions - (GT-192 GT-193 GT-551). The six extra board positions rare assigned to one senior bidder and five senior furloughed employee who were recalled in accordance with Rule 19. As it became apparent that economic recovery xasr'rore sustained at this facility Carrier bulletined six (6) clerical positions. The titles of the positions and dates of bulletining are as follows:
    July 18., 1980 GT-194 Yard Clerk and Clerk (WAM)

    July 180 1980 GT-266 Janitor

    July 23., 1980 GT-550 Input/Output Technician

    July 23, 1980 GT-195 Yard Clerk and Clerk (WAM)

    July 30j, 1980 GT-552 Input/Output Technician

    August 12, 1980 GT-48o Yard Clerk and Clerk (WAM)

                      Award Number 24070 Page 3

                      Docket Number CL-24243


Carrier argues that it eras permissible to use the extra board employes an these positions, prior to the date of bulletin, since they were filling short vacancies, which didn't have to be bulletined. In addition, Carrier asserts that it vas permissible to use the extra board employee to fill the bulletined positions, pealing assignment by bulletin. We agree with Carrier on the latter point that it vas proper to use the extra board employee to fill the bulletined positions, but we disagree that prior to the aforementioned bulletined dates, there were short vacancies. Since there could not be a vacancy without a position, the six (6) extra board employee could not fill short vacancies. To be sure, Rule 11 permits Carrier to fill vacancies of less than txentyfive calendar days duration be declared. This would mesa a new position bulletined pending assignment as well as an existing position vacated by an employs. Since there were no specific identifiable abort vacancies before the six (6) clerical positions were formally bulletined, we will uphold the instant claim only to those days prior to the dates the six (6) regular clerical positions were bulletined. When these positions were bulletined as permanent positions, it was not Improper to use the extra bo do not find that Carrier re-instated these positions under different titles for the purpose of evading the application of the Agreement Rules.

        B12M1NG3: The Third Division of the Adjustment Board, upon the whole record and ell the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the brtployes involved is this dispute are respectively Carrier and Employes Within the meaning of the Railway labor Act, as apes June 21, 19341
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                        A W A R D


          Claim sustained is accordance with the Opinlon.r--


NATIONAL RAILROAD AWM24MT BOARD
 By Order of Third Division
 ATBFST: Acting Executive Secretary
 National Railroad Adjustment Bo

 BY

 -01007 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 14th day of December 19$.