AWARDS 128 - HELD OFF POSITION AFTER BEING AWARDED BY BULLETIN

Third Division Award No. 5879 (Yeager)

"A yard clerk position with hours 3:45 P.M. to 7:45 P.M., 8:15 P.M. to 12:15 A.M., with rest days Friday and Saturday was bulletined and bid in by Clerk C. A. Meadows in whose behalf the claim is made. The effective date of his bid was October 5, 1950. At the time Meadows occupied a position with assigned hours 6:00 P.M. to 10:30 P.M., 11:00 P.M. to 2:30 A.M. with rest days Monday and Tuesday. The rate of pay for the two positions was the same. Meadows was not allowed to occupy this bulletined and bid position until November 5, 1950. He says that the Agreement was violated and that because thereof he is entitled to be compensated at the pro rata rate for the time daily between the starting time of the bid position and that of the position actually occupied, or 2 hours and 15 minutes on each such day, and also for 8 hours for the rest days of the bid position which he worked.

"Of particular importance in the determination here is Rule 9 (c) of the controlling Agreement as follows:

"`Employes awarded bulletined positions will be transferred promptly to such assignment after issuance of assignment bulletin. Employes not transferred within six (6) calendar days after issuance of assignment bulletin will be paid the higher rate of the positions involved.'

"It is clear that in this instance this provision and right of Meadows were violated by the Carrier. The violation however did not extend over the entire period covered by the claim. It is to be observed that the provision requires prompt assignment after issuance of assignment bulletin. The language defines promptly as within 6 calendar days. The violation therefore occurred 6 calendar days after issuance of the bulletin notifying Meadows of the acceptance of his bid."

Third Division Award No. 18658 (Franden)

"On October 13, 1969 Claimant L. L. Hamlin, Jr. was awarded from a bulletin Line Desk #570. At the time he held the position of Line Desk #573. Both of these positions carried the same working hours and rates of pay but had different rest days. #570 was off Sunday and Monday and #573 was off Tuesday and Wednesday. For training purposes Claimant was retained on position #573 until Tuesday October 28, 1969 on which day he commenced his duties on position #570.

"Rule 9(d) of the Agreement came into force when the Carrier retained Claimant on his old position for a period in excess of 5 days:

"`9(d) Employes awarded bulletined positions will be transferred to such assignment within five (5) days after issuance of assignment bulletin. Employes not transferred within the five (5) day period will be paid at the rate of the position awarded.'

"The rate of pay for both positions was the same so Carrier maintains it was in full compliance with the Agreement. Claimant maintains that because Carrier caused him to work the rest days of his new position he is entitled to be compensated at the overtime rate for work performed on those days.

"The rest days of position #570 belonged to Claimant under his award of the position from bulletin. After the fifth day following the issuance of the assignment bulletin Claimant was entitled to the overtime rate for work performed on those rest days. See Awards 5879 and 13114."

Third Division Award 29578 (Meyers)

"In this case, the Carrier bulletined a number of gangs, with the bids closing on March 24, 1986. The Carrier issued assignment bulletins dated March 26, 1986. However, the Claimants did not begin work on their new assignments until April 7, 1986.

"As stated above, Rule 3(d) requires that awards will be made within seven days after the close of the advertisement. In Award No. 24 of Public Law Board 3781, the majority held that, `. . . the first paragraph in Rule 3(d) means that the job assignment resulting from the awards will start not later than seven days after the close of the advertisement.' This Board can find no fault with the reasoning of Public Law Board 3781. Consequently, we will follow that ruling."

Public Law Board No. 3781, Award No. 24 (Blackwell)

"The claim is governed by Rule 3 (d) reading as follows:

"'RULE 3 - SELECTION OF POSITIONS

'(d) Awards will be made and bulletin announcing the name of the successful applicant will be posted within seven (7) days after the close of the advertisement.

'This Rule shall not be construed so as to require the placing of employees on their awarded positions when properly qualified employees are not available at the time to fill their places, but physical transfers must be made within ten (10) days.'

"The Board finds that the first paragraph in Rule 3 (d) means that the job assignments resulting from awards will start not later then 'seven (7) days after the close of the advertisement.' Here, the involved bulletin closed on March 18, 1985 and hence the job assignments should have commenced on March 25, 1985 as asserted by the Organization.

"The claim is thus meritorious and will be sustained."