PARTIES Brotherhood of Maintenance of Way Employes
 DISPUTE: and
 The Baltimore and Ohio Railroad Company
 STATEMENT 1. Carrier violated the Schedule Agreement on De-- -
 CLI-IMS: cember 13, 14, 15, 18, 19, 20, 21 and 22, 1978,
 when a junior trackman was temporarily assigned to
 perform work that Claimant R. L. Pittman properly
 requested (Case No. 37). '
 2. The Carrier further violated the Schedule Agree
 ment on January 11 and 12, 1979 when a junior track
 man was temporarily assigned to perform work that
 Claimant Pittman·proper1y requested (Case No. 48).
 3. Claimant R. L. Pittman, Trackman, be allowed
 travel time at the rate of 30 miles per hour at
 trackman's rate of $6.9321 for those dates in De
 cember and $7.1821 for January 11 and 12, 1979, and -
 mileage at the rate of 15 cents per mile for each
 mile he was required to travel due to the Carrier's
 failure to allow him to exercise his seniority.
 FINDINGS: These claims for travel time and mileage allowance
                                        Award No. 35

                                        Cases No. 37 & 48


are based on the contention that claimant rather than furloughed trackmen should have been used to fill vacation vacancies. Petitioner relies on Rule 40(a); that provision reads as follows:

              "(a) Promotions or assignments to new positions or to fill vacancies will be made after bulletin notice has been posted for a period of ten (10) days at the headquarters of the gangs in the sub-department of employees entitled to consideration in filling the positions, during which time employees may file their applications with the official whose name appears on the bulletin. Appointment of the senior qualified applicant will be

_ made before the expiration of twenty (20)
 days from the date the bulletin is posted
 and the name of the employee selected will
 then be furnished to the foremen and Local
 Chairmen. New positions or vacancies if
 filled temporarily pending permanent ap
 pointment will be assigned to senior quali
 fied employees upon request."
 Rule 40(a) is not applicable to the present case.
 As pointed out in Award 10 of Public Law Board 1210, the language
 of that rule was designed to cover situations leading to permanent
 assignments and not a position wfiich the permanently assigned em
 ploye would be entitled to reoccupy upon his return from vacation.
 The rule does not apply to vacation vacancies.

 AWARD: Claims denied.

              Adopted at Baltimore-, Md. /0, 1984.


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