PUBLIC LAW BOARD NO. 2960

AWARD NO. IY(o CASE NO. 215

PARTIES TO DISPUTE Brotherhoo~ - ·-taintenance of Way Employes and Chicago and North Western Transportation Company

STATEMENT OF CLAIM:

Claim of the System Committee of the Brotherhood that:

"1. The Carrier violated the Agreement when it

failed to allow Machine Operator J.R. Marsh to

fill a temporary vacancy at Iowa Falls, Iowa, from

July 28 through August 15, 1986 -(Organization File

4SW-1138 T; Carrier File 81-86-140).

"2. Claimant J.R. Marsh shall be allowed the

differential between the 902 and 903 rate of pay

plus the differential in the hours of service

rendered by the assigned junior employe. Claimant

shall also be allowed 15 hours travel time plus

the prevailing mileage rate for 840 miles."

OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence, finds and holds that the Employe and Carrier involved in this dispute are respectively Employe and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
The basic facts are not disputed. On or about July 15, 1986, a vacancy on the Speed Swing operator's position located at Iowa Falls, Iowa, occurred due to the incumbent operator D.M. Fox occupying a temporary Machine Operator's position at Clarion, Iowa, pending bulletining of that position. The Carrier used the
PLB 2960 -2- AWARD N0.14

senior furloughed machine operator, J.0. Vosburgh, from that
seniority zone (Zone D). The Claimant, who has more seniority
than Vosburgh, at the time, was assigned as a Machine Operator
on a tie crane at Trimont, Minnesota, in Zone C. The Claimant
submitted a written request to fill the speed swing vacancy under
the provisions of Rule 16(b) dated July 29, 1986, which was not
received by the Carrier until August 4, 1986. The position was
permanently filled on August 15, 1986.
The relevant portion of Rule 16(b) states:
"(b) Vacancies of less than thirty (30) calendar days
duration may be filled without bulletining by the
senior qualified employes in the district and group
making request in writing, consistent with operational
requirements."
The Carrier defends not granting the Claimant's request
based on operational requirements. Specifically, they contend
they couldn't release the Claimant from Zone C since there was no
one to replace him. In response to this the Organization only
stated that Mr. Vosburgh could have been used to relieve the
Claimant. The Carrier responded that Vosburgh didn't have Zone D
seniority.
Based on the foregoing, the Board finds no reason to conclude
that the Carrier didn't appropriately determine that operational
requirements prevented the temporary assignment of the Claimant
to the job in question.
PLB 2960 -3- AWARD NO. /440

AWARD

The Claim must be denied.

Gil Vernon, Chairman

D. . Bartholomay Jo *,~ Raz
Employe Member Carrier Member

Dated: -(~-