"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it allowed junior

employe . . Femrite to displace Flagman . . De Osa on a

1hlagman position t 15Avenue in Union Yard at Minneapolis,

Minnesota on ay 1, 1999 and continuing (System File T- -

1 o-I11-9-04 6 ).

(2) As a consequence of the violation referred to in Part (1) above,

Claimant . . a osa shall now w be compensated for

eight (8) hours straight time and all overtime worked each day

y the junior em loge beginning on ay 17, 1999 and

continuing until the violation ceases.* * *"'

Parties to said dispute were given due notice of hearing thereon.

According to the evidence, the Claimant was working in "Laborer Lyndale" position o. 37422. A temporary position No. 37393 for Foreman/Flagman for less than 30 days was created to begin working on May 7, 1999. The position was bulletined as a Foreman/Flagman position due to the ". . . high level of responsibility,

." associated with the position. Foreman positions correspond with Rank A seniority whereas Laborer and Flagman positions are both Rank C seniority.

The Claimant submitted request for the temporary position per Rule 19A. The Organization quoted the following portion of Rule 19A in support of the claim ono other portion of the Rule was cited in the on-proper records and in subsequent appeals:

"e position or vacancy of thirty (30) calendar days or less duration, shall considered temporary and may a filled without bulletining . . . preference will a given to the senior qualified employe who is not assigned in the rank in which the vacancy occurs n who has on file a written request to fill such vacancy . . . ."

The Claimant's Rule 19A request was honored and he began working n the

The Carrier maintained that because the temporary position as filled base n Rank Foresniori , it was proper for Fe rite o displace the Claimant through the exercise f his greater Rank A seniority. The Organization, however, saw the Carrier's action as permitting an eloyee with junir Rank C seniority t

toward 0.3779

0--0-3-650

In studying the parties' Submissions, we encountered new material and argument that was not part of the record developed on the property. Consequently, we disregarded those new matters.

Our review of the remaining record reveals irregularities that undermine this claim. The Organization maintained that the Claimant received the to orary assignment per Rule 1A and could not a displaced by an employee with junior ask C seniority. The Carrier responded by asserting that the position was a Forema.n/Fl,agman position and pointed out that the Claimant was assigned the position based on his Rank A seniority. Thereupon, the Organization refuted those assertions. In response, the Carrier provided three pieces of evidence: (1) a copy of the position vacancy form showing it t0 have been created as a Foreman/Flagman position; (2) a typewritten (but unsigned) statement from a Manpower Planner which set forth the responsibility reason for the dual Foreman/Flagman character of the positions and (3) a copy of the Claimant's Rule 19reuest.

After reviewing the documents provided by the Carrier, the Organization asserted that the Claimant's Rule 19reuest provided his Rank C seniority date. This is only partially true. Examination of the request for readily reveals that the Claimant put down both his nA and Tank dates. Moreover, his request confirms that a was working is Rank C position t the time a submitted the request. This is important because, in accordance with the portion f Rule 19A. on which the Organization relies, the Claimant could not have received the assignment based on his Rank C seniority. The Rule rather clearly gives preference to the senior qualified employee who is not assied~in ,the rank in which the vacancy O. Because the Claimant was already working in a Rank position at the ti

filed his request, a cowl not have been assigned to another Rank position er the quote onion f Rule 1A.

In the latter stages of the o-property handling, t Organization disputed propriety of the Fore anlFlgman character of the temporary position. This,

A.