parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.
This claim involves the issue of whether Side Letter No. 3 (SL#3) of Appendix T requires Carrier to bulletin a Class (d-2) truck driver position because it includes a Class A Commercial Drivers License (CDL) requirement on the job bulletin without the Organization having to establish that the position itself is assigned to pull a trailer. It is identical in almost all respects to the claim presented to the Board in Case No. 5, except that Claimant in this case received the boom truck with hy-rails position on System Gang 9061 effective March 2, 2003, the position was abolished effective March 8, 2003 and was re-bulletined on March 6, 2003 with both a Class A CDL requirement and a hazardous material (hazmat) endorsement. Claimant was assigned to the position effective March 16, 2003 and commenced service on March 18, 2003. Additionally, there is evidence that in the six week period after Claimant assumed the disputed position he was never assigned to pull a trailer. Further, the hazmat endorsement was required by DOT because the truck hauls fuel and oils in large quantities on occasion.
The correspondence and arguments on the property mirror those set forth in detail in Award No. 5. For the reasons stated by the'Board in Award No. 5, this claim must also be denied. The requirement that an employee possess a Class A CDL to bid on the posting does not automatically meet the Organization's burden of establishing that the position itself is one involving "an employee assigned to a Class (d-3) position pulling a trailer." Since the Organization was unable to show that