This dispute involves an application of the provisions of Rule 2-A-1.(d) which reads as follows:
The fact situation reveals that, by notice dated August 19, 1992, Carrier advertised a group of positions which included the Signalman position here involved. The advertisement indicated that bids would be accepted for the positions until "12:00 P.M. 09/02/92." When no bids were received from employees in active service for this Signalman's position, Carrier, via certified mail, notified the Claimant on August 31. 1992, that he was recalled from furlough under Rule 2-A-1.(d) and assigned to the Signalman position. In the recall and assignment notice, Claimant was informed that his failure to return to service for this position would result in the forfeiture of his seniority rights. Claimant did, in fact, return to service and reported for the assignment on September 3, 1992. However, he was not permitted by Carrier to assume the position. Six days later, on September 9, 1992, Carrier issued a notice which canceled the position which had been bulletined on August 19, 1992, and assigned by the recall notice to Claimant on August 31, 1992.
Therein lies the crux of this dispute. The Organization contends that when Claimant was recalled from furlough and assigned to the Signalman position under threat of forfeiture of seniority rights if he failed to return, he was entitled to at least 90 days pay under the agreement language found in Rule 2-A-1.(d). Carrier insists that the advertisement of August 19, 1992 was posted in error and that Claimant never, in fact. performed any service on the Signalman position. Form 1 Award No. 317.17
From the Board's review of the facts and after consideration of the arguments advanced by the parties, it is our opinion, in this particular case and without hereby establishing a precedent for any other case which does not have the same fact situation. that a reasonable resolution of this dispute lies in the offer of settlement which was proposed by Carrier during the on-property handling of the dispute. That is, that Claimant be allowed five days pay which represents the extent of liability which would have been incurred if Carrier had given a timely notification of cancellation of the position to which Claimant was recalled from furlough and assigned to under threat of forfeiture of seniority. The Board so orders.
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.