PARTIES TO DISPUTE:

      Brotherhood of Maintenance of Way Employes


            and


      Burlington Northern, Inc.


STATEMENT OF CLAIM:

      Claim of the System Committee of the Brotherhood that:


        (1) The Carrier failed to bulletin the position of Truck Driver for trucks 8109, 4565, 2606 and 8085 working in the B&B Subdepartment, the trucks were working with B&B crew 30 in Portland, Oregon. (System File P-P-409C.)


        (2) The position of Truck Drivers for trucks 8109, 4565, 2606 and 8085 now be bulletined.


            (3) (a) C.A. White, Paul Bendel and Steve Harris be allowed the difference between Carpenter Helper and Truck Driver rates of pay.


            (b) Claimants White, Bendel and Harris be allowed actual expenses incurred for meals and lodging and mileage at fifteen cents (15C) per mile beginning October 30, 1978, account of being required to work away from their homes in Portland, Oregon.


OPINION OF BOARD:

      Claimants were assigned as carpenter helpers on Carrier's Bridge and


Building (B&B) Sub-department Crew No. 30, headquartered at Portland, Oregon

 at the time of the alleged violation. On December 20, 1978 claim was filed

 by the Organization's Vice General Chairman as follows:
                                                P&3 -2n-o(.,-_,4r.~S3


                                                  2


Mr. J. G. Edwardsl Superintendent Burlington Northern, Inc. 1101 N. W. Hoyt Street Portland, Oregon 97207

 Dear Mr. Edwards:

 Burlington Northern, Inca, hereinafter referred to as Company, violated the Effective Agreement on or about October 30,1978 when it failed to bulletin the positions of three truck drivers with B & B Crew #30 at Portland, Oregon, as provided joy Schedule Rules. These trucks each have a manufacturers gross vehicle weight in excess of 16000 lbs. and are being used on a regular basis.

 Rules including but not limited to IA. 1Bt 5E, 20A, 20B, 21; 22, 55Fr 55Gt and 55P are by referral made part of this letter.

 The Company has.one regularly. assigned truck drive= assigned to work with B & B Crew #30. He is used primarily to drive boom truck #8109. The Company also has in use with this crew truck numbers 4565 (flat bed stake truck)., 2606 (flat bed stake truck), and also had until December 11, 1978 when it entered the shop for repairs, boom truck 8085.

 These are trucks that are subject to bulletin under rule 20 and'55 P. The Company has bypassed the bulletin rules and has used B & B Foreman and First Class Carpenters to operate .these trucks to the exclusion of truck drivers or helpers who could have advanced to the position of truck driver.

 Due to this violation we request that Claimants Carpenter . Helpers C. A. White, Paul Bendel, and Steve Harris be allowed the difference between carpenter helpers rate of pay which they received and truck driver rate of pay which they could have received if these positions had been bulletined.

                                                    P1

We also request that they be allowed actual expenses incurred for meals and lodging and mileage at fifteen cents(15~)per mile beginning October 30, 1978 account required to work away from their homes in Portland,. Oregon and commute to traveling crews or crews stationed at points other than Portland.
                                                PLB-2206


' '' AWD. 53

              This is a continuing claim until such time as these truck driver positions are bulletined in accordance with Schedule Rules.


              Please advise if this claim will be allowed. We desire and request a conference.


              Yours truly


              S. R. Walster

              Vice General Chairman


_ cc: C. Ji. Lindsay

                H. Ho King


            The claim was denied by letter of January 2, 1979 as follows:


            January 2, 1979


            Mr. S. R. Walster

            Vice General Chairman

            Brot:ierhood of :Maintenance of

            Way Employes

            16502 V. E. 38th St.

            Vancouver, Washington 93662


            Dear Sir:


            Reference is made to your letter dated December =0, 19/3, oertainin~ to claims submitted for Nessrs. C. a. ~vaite ?aul 3endcl and .Steve Harris account trucks used by Bf;B Crew SO at Portland, Oregon, have not been bulletined.


            Reference is made to B:WE Schedule 'ule ::umber .l.t iahcre allowance is made for pay when employees are assigned to positions in a higher or lower rated position. The trucks in question have not been used regularly as charged, rather they have been used sparingly as mechanical problems precluded their regular use. You do not identify dates so used, so I cannot reply directly to your claim in that regard. =urtiier, I do not find ;v a re any or tae claimants ,lave on file a letter stating their interest or

                                              pz-d~o6-i,~o s3


                                                  4


      desire to work other types of service; neither do I find any particular qualification for their being called for other service The individual used as driver was a first class carpenter receiving a higher rate of pay than a truck driver, again falling under tae scone of Pule 4.4. Further, I .hesitate abolishing a carpenter position (who receives a rate of pay higher than a truck driver) to make room for a truck driver, as it serves both our interests as presently assigned.


      This letter to advise that I decline your claim in its entirety; ;iowever, as requested, am willing to discuss the matter at your convenience.


      JJ. G. Edwards Superintendent SRL:lkm ' File: 103-1 (White, Bendel, Harris)


Subsequently the claim was processed up to and including the highest designated Carrier officer.
 While the Organization has cited several rules in its claim, the primary focus is upon Rule 20 of the Agreement between the parties. Rule 20 reads as follows:

        Rule 20. Positions to be Bulletined.

A. All vacancies and new positions of more than thirty
 (30) calendar day's duration shall be bulletined to
 all employes in the seniority district for the sub
 departments involved.
 Rule 20, by implication, defines the threshhold issue in the instant case;
 viz., were there vacancies or new positions of more than thirty (30) caJcndar
 days' duration which would thereby require a bulletin? The Organization's
 rhetoric and assertions notwithstanding, we find no probative evidence on
 the record to demonstrate the establishment or duration of such vacancies or
 positions which would bring Rule 20 into play. We find, uhererore, that the
 PLB-2206 5
 AWD. 53

 Company did not violate the Agreement as asserted in Part (1) of the instant claim. The Organization's failure to prevail on this threshhold issue renders moot the remainder of the claim. Accordingly, the claim is denied in its

 entirety.

 AWARD
Claim denied.

 Employe Member

 Dana E. Eischen, Q:m!an!!5

 Carrier Member