Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28557
 THIRD DIVISION Docket No. CL-28243
 90-3-88-3-123
 The Third Division consisted of the regular members and in
 addition Referee Robert W. McAllister when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (Duluth, Missabe and Iron Range Railway Company

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

1. The Carrier violated the Rules Agreement, effective January 1, 1983, particularly Rule 12(c), the principles of seniority and others when the Carrier run around senior qualified available employees R. 0. Johnson and R. A. Lahti when filling short vacancies on the Agent's position at Keenan, Minnesota, on August 11, 12, 13, 14, 15, 29, 30; September 16, 17, 18, 19, 20, 27; October 2 and 3, 1986, and filling the Agent's position at Proctor, Minnesota, on September 11, 12, 26, 29, 30; October 1, 9, 10; November 14 thru November 26, and December 1, 1986, utilizing instead junior employee W. M. Clark.

 2. Carrier shall now be required to compensate Claimant R. 0. Johnson and R. A. Lahti eight (8) hours pro rata rate at the respective Agency rate (Keenan or Proctor) for each of the following claim dates:









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

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Form 1
 Page 2

 Award No. 28557
 Docket No. CL-28243
 90-3-88-3-123

 On the dates listed in the Claim, temporary (short) vacancies existed on certain Class 2 positions by reason of vacation, illness or personal leave. The Carrier appointed Employee Clark to work those positions. It is undisputed Clark was junior to t the Carrier's right to fill Class 2 positions without regard to seniority is restricted to permanent positions since Rule 12(c) grants furloughed employees the right to fill short vacancies on a seniority basis. The Carrier, however, avers that Agreement Rules which permit the filling of Class 2 positions without regard to seniority that in an identical dispute involving the same parties, Third Division Award 25526 held that Class 2 positions were specifically exempted from seniority application and "... the general seniority reference of filling vacancies in 12(c) has no application."

 The Organization disputes the findings of Award '"^< arguing that four key words were not taken into consideration. Rule 1(f) states:

 "The following positions may be filled without regard to seniority rules, but will be advertised. (Emphasis added)

 The Organization believes the underlined phrase restricts the Rule to the filling of permanent vacancies only. This conclusion lacks logical support in that it requires a in the filling of temporary vacancies than in the filling of permanent Class 2 positions. In addition, this Board has repeatedly expressed reluctance to set aside prior Awards involving essentially the same facts, Agreement rules, and parties unless a decision is found palpably erroneous. See Third Division Awards 14019, 20714, and 22406. We do not so find in this.matter and will, accordingly, deny the Claim.

 A W A R D
Claim denied.

 Attest:


Dated at Chicago, Illinois, this 27th day of September 1990.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division