Third Division
Honorable Paul Samuel], Referee
DISPUTE.-" Violation of the seniority provisions of the Schedule Agreement for Clerks, effective August 1, 1929, by the refusal to permit Mr. F. A. Becker, who position was abolished effective March 1, 1934, to displace Mr. C. B. Willi, employee in the General Freight Traffic Department offices at St. Louis, Missouri, holding a position of Assistant Tariff Clerk, paying basic rate of $ 5.78 her da>-. Request that Mr. Beeker be assigned lathe position of Assistant TaN17 Clerk and reimbursed for monetary loss sustained because of his being denied position of his choice, and required to displace on a position paying basic rate (if $4.61 per day; claim is made, retroactive to March 1. 1934."
FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier and the employees involved in this dispute tire. respectively, carrier and ernployees within the meaning of the Railway Labor Act as approved June 21. 1934.
This Division of the Adjusttnent Board bas jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice of hearing thereon. Hearing was had on March 27, 1936. and later the Division was unable to agree upon an award because of a deadlock. Paul Samuell was selected as Referee to sit with the Division and make au award. A majority of tile Members of the Third Division so constituted finds that:
An agreement hearing date of August 1, 19429, is in effort between the parties.Position of Correvixtndence Clerk, basic rate of $5.78 per clay, in the General Freight Department of the Tratfrc Offices tit St. Louis, Missouri, was abolished through bulletin issued by the General Freight Agent under date of February 20, 1934, effective March 1, 1931.
Mr. F. A. Becker, seniority (lane February 7, 1925, served notice on the General Freight Agent February 20, 1934. that, due to his position being abolished, he wished to displace on position of Assistant Tariff Clerk, basic rate $5.78 per day, held by C. l;. Willi, seniority date September 17, 1925. Mr. Becker wits denied the right to displace \1r. Willi on tire ground that he did not pos~vss stdlicient fitness still ability to take over the duties and responsibilities of the position, and under (late of February 27. 1934, he notified the General Freiuht Agent of his intention to displace oil position of Assistant Correspondence File Clerk, paying basic rate of $4.51 per day; such action being under protest, pending the final handling of his It, st request. The position of Assistant Correspondence File Clerk was awarded to Mr. Beckcr and he assumed its assigurnent of duties (larch 1. 1934.
Claim is based on fifth paragraph. section tr), Rule 11, reading:
The Carrier refused to permit Mr. F. A. Becker to exercise his seniority right, by displacing Mr. C. B. Willi. a junior employee, stating that cleric Lecker did not have sufficient fitness and ability to handle the duties of the position, tip required under the following rule:
"Displacement rights shall be based on seniority, fitness, and ability. fitness and ability being sufficient, seniority shall prevail, the immediate supervising officer to be the judge in the same manner as bulletined assignments are now awarded in section (a) of Rule 11:'
The Third Division is of the opinion that the Carrier was justified in the action taken, inasmuch as the evidence in this cause diseloses that at the time this dispute arose Air. Becker was without sufficient fitness and ability to properly perform the duties of the position which he sought.