Docket CL-11372
Award No.
414
SPECIAL BARD OF ADJUST?E;SI NO. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Bnployes
and
THE °EniNSYLPANIA
R92IROAD
COMIANY
STATEMr,VT
OF CLAIM:
System Ibcket
No.
345 - Southwestern Region Case No. 526 - "Claim of
the System ~:ommittee of the Brotherhood that:
(a) The Carrier violated the 'tules Agreement, effective I-lay 1,
1942, except as amended, particularly the Scope Rule, and Rules 2-A-1
(e) and 3-A-1, when it hired Mrs. Ida Becker as a clerk and used her to
fill a vacancy on clerical position Symbol F-102, at the Freight
Station, Shelbyville, Indiana, former Southwestern Division, during
the period July 11 through July 22, 1955.
(b) The Claimant, J. A. Berry, should be allowed eight hours pay
a day, as a penalty, for each date on which the violation occurred
during the period July 11 through July 22, 1955· (Docket 345)"
FINDINGS:
We are involved herewith a two weekst vacation while the incumbent
of the position was on National Guard Duty.
Rule 2-A-1 (e) says flatly that "positions or vacancies of thirty
days or less duration may be filled without bulletining. The senior qualified
available employee requesting such position or vacancy x x x."
There is no record here that Claimant "requested" the vacancy in
question. Carrier did not have tb·. bulletin it.
A denial Award is in order.
AWARD:
Claim denied.
Signed this 12th day of December, 1961.
/s/ Edward A. Lynch
E. A. Lynch, Cha rman
/s/ A. E. Myles /s/ A. B. Seward
A. E. ?fqles, Carrier fiber A. B. Seward, Employe Member