Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29436
 THIRD DIVISION Docket No. MW-29584



(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: ((]rand Trunk Western Railroad Company (former Detroit, ( Toledo and Ironton Railroad Company)

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

 (1) The agreement was violated when the Carrier failed to recall furloughed Truck Driver-Bridgeman Helper W. Krejci to fill a temporary truck driver-bridgeman helper position beginning on Hay 30, 1989 (Carrier's File 8365-1-273 DTI).

 (2) The :agreement was further violated when the Carrier failed to recall furloughed Truck Driver-Bridgeman Helper W. Krejci to fill a temporary truck driver-bridge man helper position on July 5, 6 and 25, 1989 (Carrier's File 8365-1-279).

 (3) Tne :agreement was further violated when the Carrier failed to recall furloughed Truck Driver-Bridgemen Helper W. Krejci to fill a temporary truck driver-bridgeman helper position on July 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21, 1989 (Carrier's File 8365-1-278).

 (4) As a consequence of the violation referred to in Part (1) hereof, Truck Driver-Bridgeman Helper W. Krejci shall be allowed forty-five (45) hours at his straight time rate of pay.

 (5) As 3 consequence of the violation referred to in Part (2) hereof, the Claimant shall be allowed nineteen (19) hours at his straight time rate of pay.

 (6) As a zonsequence of the violation referred to in Part (3) hereof, the Claimant shall he allowed eighty (80) hours at his straight time rate of pay. ,.

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, `ands 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.
 Form 1 Award No. 29436
 Page 2 Docket No. MW-29584
 92-3-90-3-546
 This Division of the Adjustment Board has jurisdiction over the
 dispute involved herein.

 Parties to said dispute waived right of appearance at hearing thereon.

 Just prior to the time this dispute arose, Claimant was regularly assigned to a Truck Driver-Bridgeman Helper position. Due to a reduction of forces, Claimant was displaced by a senior employee.

 As of 'uly 1989, Mr. Chunko was employed on a two-man B&B gang headquartered at Flat .Rock, Kicn member of the gang was the Fgreman, who performed the work of Bridgeman in addition to supervising the work of the two-man gang. The Foreman was paid at the Foreman's rate of pay, rich is higher, for the entire shift.

 Mr. ChunKo'5 ordinary iuties involved driving the truck to and from a location and helping the Foreman, for which he was paid the Truck DriverBridgeman Helper rate of pay of pay. On days when the Foreman was not on duty due to illness or vacations, Mr. Chunko worked alone and was compensated at the Foreman's rate of pay. At no time were there more than :wo positions on the Flat Rock 86B gang, nor were there more than two people employed on the gang.

 On July 7, 1989, the Organization filed a Claim on behalf of the Claimant for nine dates shown in Hay and June of 1989, on the premise that when Chunko was paid the Bridgeman's or Foreman's rate of pay, Claimant should have been called to fill the position of Truck Drive r-Bridgeman Helper. On August 24, 1989, the Organization filed another claim on behalf of the Claimant, again on the presum Driver-Bridgeman jelper -in dates subsequent to the initial claim. On the same date, August 24, 1989, Organization filed a third claim on behalf of the Claim-
 ant to cover dates July l0 cnrough 21, 1989, when Mr. Chunko performed either
 Foreman or Bridgeman duties.
 Rules pertinent to this dispute as follows:
 RULE 2--QUALIFICATIONS FOR
 POSITIONS
Form 1 Award No. 29436
 Page 3 Docket No. MW-29584
 92-3-90-3-546
 RULE 3--BULLETINING VACANCIES OR
 NEW POSITIONS AND AWARDING POSITIONS
 (a) New positions or vacancies, other than tem
 porary vacancies, will be bulletined within 15 days
 previous to or :5 days following the date such new
 positions or vacancies occur. Temporary vacancies
 of 30 days or less need not be bulletined but if of
 ore than 80 days' duration will be bulletined as
 temporary. When it is known that a temporary
 Vacancy will '-a permanent, it will be bulletined or
 r=_-Bulletined as permanent.

                    SIL'LE 7--SENIORITY LIMITS


          The seni--rity rights of employees are confined t) the sub-department in which employed; namely, :'rack Sub-Department or Bridge and Building SubDeoartment.


                      RULE 8--SENIORITY

                      (Effective 4-1-55)


          (a) An employee's seniority in each classification in a sub-department will begin at the time his pay starts is that classification except


          (d) The classifications in each sub-department are as follows:


          BRIDGE AND BUILDING

          SIB-DEPARTMEN_


              Group I


              Bridge foreman Bridgeman


          R _: 26 - ASS_GVMENT TO HIGHER OR LOWER RATED ='~S:TI9VS:


          An employee may be temporarily or intermittently assigned to different classes of work within the range of his ability. In filling a position which pays a higher rate, he shall receive such rate for the time thus employed."

Form 1 Award No. 29436
 Page 4 Docket No. ?iW-29584
 92-3-90-3-546

 For its part, the organization contends the dispute arose when a vacancy in excess of 30 days wa on those occasions when Mr. Chunko fulfilled Foreman duties. The Organization maintains that the Claimant was fully qualified and available to fulfill the vacancy in question, and in essence, the Carrier used a single employee to fill more than one position at the same time. Therefore, according to the Organization, the Claimant's rights were violated thereby depriving him of monetary benefits which he would have derived from the opportunity to fulfill his previous position.

 Carrier maintains :hat nothing in the Agreement requires it to establish a specific number of ;3 upon which the ~rganiaation relied heavily, requires that when a new job is established or in existing 'position becomes vacant, the position must be advertised so that employe permanent, for more than thirty days. No rule of the Agreement requires the Carrier to bulla.in a posit=on unless it meets the aforementioned criteria. Carrier maintains that neitler seniority rules, nor precedent entitle a furloughed employee to be re be denied.

 This dispute is not s matter of first impression; the same issue on the same facts jnd under the same Agreement language as presented here resulted in a series of denia 28048, 28050, 28051, 28052, =8053, 28054 and 28056. Typical of Chose decisions is the following hold
          "rhe identical issue, with different dates, ins been raised between the same parties previously. In addition, identical arguments were advanced Board in rhird Division Awards 28047 and 28048. it the reasons indicated in the two Awards cited, the Board concludes that Carrier's use of an onduty Trackman to fill the two one-day Foreman vacancies, i1 lieu of recalling Claimant from Eirlough, is permissible under the Agreement."


For the reasons set forth in the aforementioned Third Division Awards, the Board must conclude that the Carrier did not violate the Agreement when it failed to recall tie aaimant from furlough.

                        A W A R D


        Claim :enied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


000, Attest:

cy J. De~Executive Secretary

Dated at Chicano. rllinoi9. this 21st day of October 1992.