(1) The Carrier violated the Agreement when it failed to assign Mr. G.J. Feigitsch to the Underwood Section foreman's position on May 28, 1992 pending bulletin assignment in compliance with the provisions of Rule 14 (b) (System File 8686/8-00090).

(2) The Carrier violated the Agreement when it assigned junior employee Bruce Gilseth to relieve Track Inspector B. Enge on Crew 064E, working between Harvey and Portal, North Dakota, on June 2 through 27, 1992, instead of assigning Mr. 0. Olson in recognition of his superior seniority and in compliance with the provisions of Rule 14 (b) (System File 8685/8-00091).

(3) As a consequence of the violation referred to in

Part (1) above, Mr. G.J. Feigitsch shall be:

'...reimbursed for the equivalent of any and all lost wages at the pro rata rate beginning may 28, 1992, and continuing until this situation is corrected, and have all overtime, vacation, fringe benefits, and other rights restored which were lost to him as a result of the above violation.'

(4) As a consequence of the violation referred to in

Part (2) above, Mr. 0. Olson shall be:

...reimbursed for the equivalent of any and all lost wages at the pro rata rate and have all overtime, vacation, fringe benefits, and other rights restored which were lost to him as a result of the above violation."'

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

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

These cases were handled on the property as separate cases. The Organization combined the cases before this Board. While this Board will consider these cases, the organization is forewarned that this might not be done in the future, particularly when the facts and circumstances are not the same.

In the first claim a Section Foreman bid on and was awarded the position of Tractor/Mower Operator. The Carrier held the Section Foreman on the former position while the position was bulletined. The Organization argues the Carrier should have permitted the Section Foreman to take the tractor/mower position and use the Claimant on the Section Foreman position. The Claimant was working as a Trackman and at the time of the claim had no section Foreman seniority. Rule i0 (h) reads as follows:

"(h) An Employee making application for and who is assigned to a bulletined position must take the position within twenty (20) calendar days from the date of assignment, unless he is prevented from doing so because of illness or other reasonable cause.

During the twenty (20l calendar day period referenced above, an employe assigned to a bulletined position who requests to be released from his former assignment to take such position may be held to perform temporary relief on his former assignment in the event no qualified relief is available. When qualified relief is available to protect the former assignment, the employe must be permitted to take the new assignment.

Rule 10 (h) permits the Carrier to hold an employee on his former position except when qualified relief is available. The Claimant was not a Section Foreman; the organization did not present any evidence that the Claimant had ever worked as a Section Foreman. The Carrier did not violate the Agreement when it did not assign the Claimant to the Section Foreman position.

In the second claim a short vacancy existed for a Track Inspector. An employee junior to the Claimant was used to fill the vacancy. Claimant was a qualified Track Inspector whose name was cn the "Call List" to fill temporary vacancies as Track Inspector.

It appears from the record that the Carrier did not comply with Rule 14 (b) in filling the Track Inspector vacancy. Accordingly the Board will award the Claimant the difference in earnings between the Track Inspector and the earnings the Claimant made as a Section Foreman for the period June 2 through June 27, 1992.

AWARD