SPECTAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF NAINTEN9.NCE OF WAY EMPLOYES
versus
MISSOURI 1ACIFIC FAILROAD COMHkNY
STATEMENT
OF CLAIM: Claim of the System Committee that:
1. The Carrier violated Rule 71(a) of the effective Agreement by failing
to bulletin a temporary vacancy of Trackman in Extra Gang No. 1 within the time
limits as prescribed by the rule.
2. Trackman K. L. DePew be now paid a total of $108.30 for meals and lodging
expenses incurred by reason of he having been deprived of his seniority right to
bid in the vacancy referred to in Part 1 of this claim.
FINDINGS: Claimant was assigned to a position for which he had bid on Extra Gang
No. 7 on May 3, 1960.
On April 29, 1960, a regular assigned trackman on Extra Gang No. 1 was
injured and was unable to work. This vacancy was not bulletined at the expiration
of 20 days. The Local Chairman claims he addressed a letter thereon to the Carrier
on June 12, 1960, which the Carrier claims was not received. He also claims to
have talked to the Division Engineer during the latter part of June. In any event,
the vacancy was bulletined on July 15, 1960, after receipt of a letter from the
General Chairman thereon. This temporary vacancy was assigned under that bulletin
to Trackman L. F. Talbot who is senior to the claimant.
A short time prior to the advertisement of that vacancy, the claimant had bid
on and been assigned to a permanent vacancy in Extra Gang No. 1.
There is no question that the Carrier violated the provisions of Rule 11(a)
in its failure to bulletin the vacancy after the expiration of 20 days, however
the claim here for expenses is too remote to be sustainable. It would have to be
based upon conjecture that the claimant would have bid for this temporary vacancy
and have been assigned to it, whereas, in fact, when it was bulletined, he did not
bid and it was assigned to a senior trackman. Under the circumstances shown here,
this claim cannot be sustained.
AWARD: Claim denied.
SPECIAL BOABD OF ADJUSTMENT N0. 279
(s) Dudley E. Whiting
Dudley E. Whiting, Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham, Employe Member G. W. Johnson, Carrier Member
St. Louis, Missouri
October 30, 1962
File 247-887-31