Carrier Film No. CMWB 87-9-29A Or3anizarian File No. 'f-M-605


                STATEMENT OF CLAIM


1. The Carrier violated the Agreement when it failed and refu<crd to bulletin a new truck driver position on Mechanized Tie Can= No. 1 (313-9135), which exi»tcd for over thirty (30) days (System Film T-M-605/CMWB 87-9-29A).

 2. As a consequence of the aforestated violation, Furloughed Truck Driver F.M. Gomez shall be allowed:

 "One hundred and ninety-two (192) hours at his respective straight-time Truck Driver rate of pay as compensation for 7.nst work opportunity when the Company failed to bulletin a Trutk Driver vacancy on the Mechanized Tie Gang. Claim is further to award Claimant Gomez eight CA) hears pay, as wall as all overtime compensation for every regularly scheduled work day for the Mechanized Tie Gang, on an open and continuing basis, Until such time as this Truck Driver vacancy is properly bulletined and assignod.f

                F T N P, ;. N G S


The Carrier established Mechanized Tie Gang 313-985 an
                                  ,PLB No: '41$8 Award No. 3 Page 2


May 4, 1987. The bulletin concerning this Gang called for one Truck Driver and 15 other positions. Assigned to the Gang were one flat bed truck and one school type bus. each in excess of 16,000 pounds, Both vehicles were employed with the Gang, and the Truck Driver was directed to operate either vehicle as needed, According to the Carrier, the, bus is in daily vperati-on ..___~.~..... "abuut one hour or leas', and the truck in operated "lose than two hours" each day. The Organization argues that there should have been two Truck Driver vacancies posted, instead of one. The Organization relies primarily on ,two Rules, as 'follows:;
        RULE 20. POSITIONS TO BE BULLETINED ',,, ~.;_


      A. All vacancies and new ositions of more

      than thirty (30) calendar dsys duration.shail'be

      bulletined in the seniority- diatrict,for*ths s~b·.·

      departments involved. _ .,., i_,,


        RULE 55. CLASSIFICATION OF WORK.,


        P. Truck Driver.,. .. , ~.


      An employs assigned to primary duties of operating dump trucks. atake trucks and achool~'bus type busses, except trucks having a manufacturer' gross vehicle weight of less than 16,000 lbs, or any vehicle of the pick-up, panel delivery or special body type. The term special body refers to trucks such as those used by welder gangs and equipment maintainers with special bodies designed to transport mechanics, cools, equipment and supplies. When

                                  PLB No. 4768 Award No. 3 Page 3


      vp.hir.l^q Pquipped with snowplow blades are used for plowing .snow or moving dirt, the truck driver rate will apc_y in accordance with Rule 44. Truck Driver will ~fperform such other work as may be assigned to him when not engaged in driving a truck."


The Organi2ation argues that there were two vacancies fvr Truck Driver, since two vehicles are in use with the Gang and chat these positions are for an extended period beyond 30 days. The Carrier argues that Rule 20-A is concerned with fulltime positions, The Carrier notes the language of Rule 55-P, which refsra to "en employee assigned to primary duties of operstingff certain types of trucks (emphasis added). The Carrier pcints out that such duties could not be considered as "primary duties", in view of the limited use of either

 vehicle.
 The Board finds no rule support for the proposition that each truck must have a Truck Driver assigned to it. This is particularly the came where the vehicles are in use for only part of the time. There is no showing that the vehicles were operated by other than the Truck Driver or by the upgrading, where necessary, of another employee, under Rule 44. In sum, there is no convincing argument to require another Truck Driver for the Gang.
                              1 ,PL8 Noa.4768

                              Award No. '3 ~r


                                  Page 4


                        W A R _D


      Claim denied.


        HERBERT L. MARX, JR., Chairman and NeutrAl Member


              WENDELL A, HELL, Carrier Member


          ' MARK J. -CHAPPAU II, mployee Member'


NEW YORK, NY

 DATED: ~~7 ~~ -'

 w ,

              ~1