File 890235


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)

 Statement
 of Claim: (1) Carrier violated the Agreement, especially Rule 2, when
 A. N. Botello was not allowed to displace R. Bustinza, Sr.
 on an "extra" position.

        (2) Claim in behalf of Mr. Botello for eight (8) hours each workday, including overtime and holidays plus expenses for the period of November 28, 1988 through December 12, 1988.


        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        The Claimant Laborer, A. N. Botello, in Gang 2897 was displaced (bumped) on November 23, 1988. Botello tried to displace a Junior Laborer, R. Bustinza, in Gang 3168 on November 28, Bustinza was working a position as Trackman in Gang 3168 while such position was being advertised and assigned. Botello's bump was denied under Rule 2 as said position was not yet "a regular assigned" position belonging to any employee.


        Carrier properly asserted that Claimant Botello could have displaced a regular assigned employee, B. T. Trevino on Gang 9181. Trevino was a junior regular assigned employee. Botello failed to do so.


          Rule 2(F) reads:


        "(F) Employes entitled to exercise seniority rights over

        junior regular assigned,employees must designate exercise of

        such rights within twenty (20) calendar days

        following . their displacement or their return to

        service ,.~.Otherwise, employees who fail to exercise

        displacement within the twenty (20) calendar days specified

        herein, shall forfeit their right to displace a regular

        assigned employee and shall take their place on the

        furloughed_ l1st with preference to work over junior

        emp-- oy a thereon, and will be subject to bulletined

        positions in line with their seniority." (emphasis

        provided)

                  -2- Award No. 425


    Rule 11-Bulletin, reads:


"(a) New positions and vacancies will be advertised promptly and in any case no later than ten (10) days following the establishment of the position or date the vacancy occurs. ~Temporary vacancies created, by reason of
 asses a regularly
 empFyes absence due to sickness or injury, or
 authorized leave of absence when known to be of 20 days or
 more duration will, if the vacancy is to be filled, be
 advertised and assigned as "temporary vacancies" in the same
 manner as other positions are advertised and assigned under
 the provisions of this Rule 11... Employees assigned to
 temporary vacancies will be subject to displacement by
 senior employees who have displacement rights." (emphasis
 added)

When the facts of this situation are applied to the rules, the claim must be denied on the grounds that Claimant Bustinza was extra and unassigned and was filling the position while it was being advertised. In such circumstances, Claimant Botello could only exercise his seniority against another regularly assigned junior employee whether he be on a regular assignment or a temporary vacancy. Neither situation were true in this case. Therefore, this claim will be denied.


Claim denied.

 .

 tD. CA

    A. Hammons, J r., Empl yee Member D. A. Ring, Carri M er


Arthur T.~ Van Wart, Chairman

and Neutral Member


Issued November 26, 1990.