The Organization has raised a timely objection to evidence offered by the Carrier _dg novo in its Submission. This evidence includes its argument that the claim was not timely filed as well as any contest to the appropriateness of the requested remedy. Further, the contents of the July 1, 1992 letter from the Manager of Labor Relations to the General Chairman, and its attached statement from District Engineer E.L. Alcala, cannot be considered since the Carrier knew, or should have known, that the last day for filing the Notice of Intent in this case was June 30, 1992 under the provisions of Article 15 Section 1(c) of the Agreement, and that any submission thereafter would be untimely. None of these arguments and evidence will 'be considered by this Board. The Board's findings are based solely upon the record established on the property.
This claim seeks pay for Claimant, a furloughed machine operator on the San Antonio Division, on the basis of Carrier's failure to bulletin a temporary vacancy created by the operation of a leased yard cleaner in the San Antonio area for over thirty (30) days. Carrier assigned Machine Operator W.O. Brown to operate this piece of equipment, and, according to the written statement of Brown, he worked the yard cleaner a total of 145 days between February 3 and June 28, 1991. Carrier failed to bulletin this work and did not timely present any probative evidence in support of its contention that Brown operated the yard cleaner sporadically for a portion of 21 different days when his grade-all was down for repairs, and that the yard cleaner was moved to E1 Paso on June 18, 1991. The Organization has made out a prima facie showing that Carrier violated Article 8 Section 4 of the Agreement, which requires that temporary vacancies of more than 30 days be bulletined within 30 days previous to, or 15 days after, the date such vacancies occur.
Claimant was available and qualified to perform the disputed work, and was on furlough during a portion of the claim period, which we find runs from April 8 to the date in June when the yard cleaner was moved out of the San Antonio area. The Claimant shall be compensated at his straight time rate of pay and made whole for the number of days during the claim period when he did not work, and shall be credited with the appropriate number of qualifying days for vacation purposes as requested in the claim.
This Board, after consideration of the dispute identified above, hereby orders than 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.