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1. NATIONAL RA.TLROAD f"~."'STIE~VT BOARD Award No.
7210
SECC)ND i:r'ISION
Docket No.
6988
2-OPT-Ew-'
77
The
Second Division consisted of t?~,e regular members and in
addition Referee Martin I. Pose
when
emard vas ,rendered.
( System Federation No. 162, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute:
( (Electrical Workers)
( Southern Pacific Transportation Company
( Texas and Louisiana Lines
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company failed to physically
execute Bulletin Award 11-A, dated March 4, 1974, in awarding
Position No. 2 - Location 2189, to Lineman-Equipment Installer J. D.
Ward, the successful applicant, in a continuing violation of Rule
13 of the controlling agreement.
2. That, accordingly, the Carrier be ordered to physically execute the
assignment change awarded in Bulletin 11-A to Equipment Installer
J. D. Ward.
Findings:
The Second Division of the Adjustment Board, upon the whole record and.
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon_
Claimant, Class A Lineman, held the temporary position of Radio Equipment
Installer, Position No. 9, Location No. 2109, with headquarters at San Antonio,
Texas. The duties of this position involved primarily responsibilities for
servicing and maintaining district pole~lines.
On February 19, 1974;-Carrier posted a Linemen's Vacancy Bulletin advertising
for bids the temporary position of Radio Equipment Installer, Position No. 2,
Location No. 2189, home station at San Antonio; Texas. The prior incumbent of
this position was assigned and performed radio bench work.
Claimant bid for Position No. 2. Linemen's Assignment Bulletin No. 11-A,
dated March 4, 1974, awarded Position No. 2 to Claimant. Position No. 9,
vacated by Claimant, was bulletined and on April 10, 1974 awarded to Mr. G. C.
Weber who had less seniority than Claimant.
~:; n;1
INo. Award 7210
Page 2 Docket No.
6988
2-S PI -EW-' 77
Claimant was continued
on tie gerer&l line work assignment performed by
him while incumbent of Position No.
9,
Mr. Weber, was assigned to the radio
bench work which had been performed by Claimant's predecessor in Position No. 2.
The claim at issue is that the failure to assign the radio bench work of
Position No. 2 to Claimant, as the successful, applicant for that position,
v.jlates Rule 13 of the controlling agreement.
Carrier contends that because none of the nine equipment installers at
San Antonio can be expected to efficiently perform all work required by the
multitudinous variety of equipment involved, it must be allowed to assign work
within the equipment installer's classification to the individual "best suited"
for the work. Carrier argues that claimant's assignment was proper under Rule
2 and in accordance with Rule 13 in that the language of bulletins advertising
Radio Equipment Installer position vacancies uniformly stated in identical
wording that Linemen assigned as equipment installers may be required to perfoxzn
linemen's work.
"Classification of Work", Rule 2, of the applicable agreement provides,
in part,
"Linemen's work includes the work designated in Classes
A, B and C of this rule; also other work generally
recognized as linemen's work ..."
Class A includes "Linemen assigned as equipment installers ..."
Rule 13, "Bulletining Vacancies," reads to the extent pertinent, as
follows:
"When new jobs are created or vacancies occur in the
respective classes, the oldest employees in point of
service shall, if sufficient ability is shown by trial,
be given preference in filling such new jobs or any
vacancies that may be desirable to them... All
vacancies ox new jobs created will be bulletined.
"Bulletins must be posted ten.(10) days before vacancies
are filled permanently... Assignment will be made and
the successful applicant assigned within thirty (30) days
following expiration,of bulletin.
"An employee exercising his seniority rights under this
rule will do so without expense to the Carrier; he will
lose his right 'to
the
job he left, and if. after a fair
trial he fails to qualify for the new position, he will
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,PagE:
Award No. 7210
Docket No.
6988
2-SPT-Ew-'77
"BULLETUTIN,-r TEn::.-~RAIri ,iACANCIES
"Vacancies known to be of thirty (30) days or more duration
will be placed under bulletin as temporary vacancies and
assignments made in the manner provided in this rule..."
Rule 2 defines generally the types of linemen's,work which may be assigned
in the respective classes. Rule 13 specifically regulates the assignment of
a position when a vacancy occurs. Job content is -an essential ingredient
of a position and necessarily follows the assignment of a vacancy to the
successful bidder pursuant to the rule.
Thus,
the assignment of Radio Equipment Installer Position No. 2 to claimant
in accordance with the procedures for filling vacancies under Rule
13
transferred
to him the job content of that position, which included radio bench work. Under
the established canons of contract interpretation, the specific provisions of
Rule
13
covering the filling of vacancies must be construed to prevail over
and qualify the meaning and effect of the general provisions of Rule 2. The
unilateral statements in the vacancy bulletins concerning the assignability
of linemen's work do not blunt the governing effect of Rule
13.
Furthermore, Rule
13
explicitly grants preference to a senior employe
in filling vacancies "if sufficient ability is shown by trial." Under this
standard, Claimant's ability to perform the work of the vacant position must
be measured or matched against the requirements of the job. Under the Rule 13,
such measurement of ability may be made by "fair trial". No provision of the
rule permitted comparison of Claimant's qualifications with the qualifications
of other employes; and it was improper for Carrier to do so.
Accordingly, the claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
l
Rosemarie Brasch -Administrative Assistant
Dated at Chicago, Illinois, this 12th day of January,
1977.