Award Number 62 Docket Number CL-90

NATIONAL RAILROAD ADJUSTMENT BOARD

Third Division

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES

DISPUTE.='shall Mr. \V. B. Durham, seniority date February 12th, 1926, on the Arkansas-Louisiana Division, be assigned to position of Office Boy or Mail Clerk in office of Assistant Freight Traffic Manager, Little Rock, Ark., and reimbursed for monetary loss sustained since January 16th, 1935, at the going rate of this position ($50.00 per month) R"

FINDINGS.-The Third Division of the Adjustment Board, upon tile whole record and all the evidence, finds that:

The carrier and the employee involved in this dispute are respectively carrier and employee 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.

The parties have jointly certified tile following facts, still the Third Dilision so finds:

Vacancy bulletin No. 11) issnud by Assisl:mt Freight Traffic Manager, Little Rock, Ark., January 1st, 1935, achertise<t as vacant position of Mail Clerk, rate $60.69.

"Assignment bulletin No. 20, Janmlry 10th. awarded this vacancy to Thomas Kayser, party without previous railway service and with no clerical seniority. Mr. W. li. Durham, seniority date- February 72, 1926. Arkansas-Louisiana Division, made application for this position under the provisions of Rule 24 but was not assigned to the vacancy:"

An Agreement. bearing effective ditto of Jamlnry 1, 11)31, exists between the parties and the claim of the employe is based on Rules LI and 68 thereof, rending:

"RVLH 24. Filiap applications-Other seniority districts-E, mployes HIing applications for positions bulletined on other districts or on other rosters will, if they possess sufficient ability, merit, and fitness, be given preference ml seniority basis over nonemployes and/or eulployes not covered by these rllle,."

"RILE 68. Ncio positions.-The salaries for new positions will be in conforndty with the salaries of analogous positions (of similar kind and elw") in comparable localities."

In denying Employee Durham the benefits of schedule roles cited tile- carrier does not hold that Barbara has not the necessary qualifications to satisfactorily discharge the duties of position in question, but questioned his "ability merit, and fitness" to assume greater responsibilities in future promotion.

It iv found that W. 13. Durham, having II. seniority date of February 12, 1926, was not >I new employee anti being qualified for the particular position here in question he should have been allowed the benefits accruinl- to him under the schedule rules.

AWARD

Affirmative answer is given to the question in dispute, less any amount earned by Employee Durham in other employment from January 10, 1936, to the date this Award be placed in effect.

NATIONAL RAILMOAD ADJUSTMENT BOARD.