Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11397
SECOND DIVISION Docket No. 11027
88-2-85-2-136
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(International Brotherhood of Electrical Workers
Parties at Dispute:
(Consolidated Rail Corporation (Conrail)
Dispute: Claim of Employes:
1. That under the current Agreement, the Consolidated Rail Corporation (Conrail) unjustly denied Selkirk, N.Y. Electrician Gerald Dare the
opportunity to exercise his seniority rights to obtain a position in the B&B
(M of F) Department, March 9, 1984.
2. That accordingly, the Consolidated Rail Corporation be ordered
to allow Electrician Gerald Dare to exercise his seniority rights in the BBB
(M of F) Department, and to restore to him all pay at the applicable Electrician's rate and all benefits, from March 9, 1984 and each day thereafter
until the Carrier allows him the right to exercise his seniority in the B&B
(M of F) Department and he actually commences work; that would normally have
accrued to him had he been working in such period, in order to make him whole.
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 employes 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.
The basic facts in this case are set forth as follows:
On March 9, 1984, Claimant was bumped as an Electrician on the
caboose track at Selkirk, New York and accordingly promptly moved to exercise
his seniority to displacement into the BBB Department. Since he had never
qualified as a B&B Electrician, he was given a brief oral examination by the
Assistant Supervisor and found unqualified for the position. Specifically, he
conceded that he lacked knowledge of high-tension voltage and also experience
with snow welters.
Form 1
Page 2
Award No. 11397
Docket No. 11027
88-2-85-2-136
It is the Organization's position that said position denial violated
Rule 2-A-1(a) of the controlling Agreement, since Claimant should have been
afforded the opportunity to demonstrate sufficient ability consistent with the
contemplated intent of Rule 2-A-1(a). In essence, it argues that his many
years of experience in both the Car and Locomotive Departments certainly shows
that he would quickly adapt to the requirements of the position.
Rule 2-A-1(a) reads:
"RULE N0. 2--SELECTION OF POSITIONS
2-A-1. (a) When new positions are created
or vacancies occur, the senior employees in the
seniority district in which the position is
advertised shall, if sufficient ability is shown
by trial, be given preference in filling such
new positions or vacancies that may be desirable
to them. Where a position involves air brake
work, welding, reflectoscope, high voltage work,
magnaflux, radiograph, a nonwritten examination
or test may be required as a prerequisite to
assignment to the position of an employee who
has not previously been qualified on such work
by performance or otherwise; an employee bidding
for or seeking to displace on such a position
shall upon request be promptly given an opportunity to take such examination or test."
In rebuttal, Carrier maintains that he was patently unqualified,
since he admitted that he had no experience with high-tension voltage or with
snow welters. It also asserts that work in these areas is required for the
position. It points out that it had the right to determine Claimant's
qualifications, where the position involved high-tension voltage and thus its
denial was consistent with Rule 2-A-1(a).
In further response to the Organization's contention that the
Assistant Supervisor's questions were not reflective of an oral examination,
Carrier contends that Claimant's answers unmistakably showed that he lacked
experience with high-tension voltage and by definition could not perform the
job. It avers that the Assistant Supervisor exercised prudent managerial
discretion.
In considering this grievance, the Board concurs with Carrier's
position. To be sure, Rule 2-A-1(a) provides an opportunity for a presumptively qualified application to show that he is capable of performing the
requirements of a sought-after position, but an added qualifying evaluative
step might be required, if the employee has not previously been qualified in
such work. This step is a non-written examination or test. In the case
herein, there is no dispute that Claimant admitted he had no experience with
high-tension voltage and also no dispute that he lacked experience with snow
welters. He conceded both points.
Form 1 Award No. 11397
Page 3 Docket No. 11027
88-2-85-2-136
Of course, it could be argued that the Acting Supervisor's questions
were not indicative of an evaluation process, but Claimant's admissions
clearly demonstrated that he was unqualified for the position. It would have
been futile by extension to administer a substantively detailed test, where
the applicant lacked knowledge and experience in a particular specialized
area. The long second sentence of Rule 2-A-1(a) presupposes some knowledge of
the subject field. The record does not show that Claimant possessed even some
measurable quantum of such knowledge.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 00,
'Nancy J. ej%K - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.