Claimants Cavins, Miracle, and Robinson, furloughed Track Laborers, bid on and were awarded permanent positions on Gang 5C76, effective January 2, 1990. Twenty-one days later, on January 23, 1990, Carrier allowed three more senior furloughed employees, Messrs. Barnett, Jones, and Jones, to exercise their seniority in the positions over Claimants. The Organization argues that because the senior employees failed to place themselves in positions within ten days of their force reductions, in accordance with Rule 15 of the Agreement, Claimants had the right to retain their jobs and not be forced back into furloughed status. Rule 15 reads as follows:
Carrier points out that "...This instant dispute invol%=s senior employees who had been furloughed for some time acid discovered junior employees working on permanent bulletined assignments to their exclusion." It argues that Rule 15, with
requirement to bid on a job within ten days, is not applicable, since it addresses the procedures to be utilized by employees involved in the initial effects of force reduction and subsequer._:.. furloughed.
Form 1 Award No. 30594It is not clear from the record whether the positions in question on Gang 5C76 were available when Messrs. Barnett, Jones, and Jones were affected by a reduction in force. If they were, the three were bound by Rule 15 and had ten days in which to apply for them. It appears, however, that they did not apply for those positions or seek to displace elsewhere, and thus were furloughed.
After their furloughs, there were, as pointed out by the Organization in its letter of June 20, 1990, several methods by which they could be returned to work. They could be recalled to an advertised position for which no one had applied or to fill a temporary vacancy pending bulletin assignment. In addition, they could make application to an advertised position. In the latter instance, furloughed employees are bound by the applicable procedures and time limits for placing bids outlined in the Agreement (for example, Rule 7, New Positions and Vacancies). If they apply in a timely manner, their seniority will be a key factor in the awarding of the position. Under no circumstances, however, do furloughed employees have the automatic right to displace junior employees who have followed proper procedures and have legitimately been assigned positions.
Had Messrs. Barnett, Jones, and Jones applied for the positions on Gang 5C76 in a timely fashion, they would undoubtedly have been assigned them. But since they did not, for whatever reason, and Claimants were awarded the positions; the latter had the right to retain them. As a consequence, the claim must be sustained.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.