DISPIITE.-=' claim of E. G. Widgcr dated April 4, 19133, that fie be pertnittel to exercise his seniority- onto position of ear distributor at Spokane, IVashiny; ton, held by Harvey McKeown who has less seniority on the Clerks' roster, and that he be reimbursed for any monetary loss sustained because of not being permitted to so exercise his seniority."
WINDINGS.-The Third Division (A the Adjustment Board, upon the wlnqe record and all the evidence, finds that:
The carrier and the employees involved in this dispute are respectively carrier and employees within the meaning of the Railway Labor Act its approved June 21. 1934
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice of hearing thereon.This dispute being deadlocked, Paul Samuell was called in its Referee to sit with this Division.
The following statement of facts is jointly certified by the parties nod the Third Division so finds:
"The Division offices of the Idaho Division are located at Spokane. A car distributor's office is a part of the Division office organization. Two car distributors are employed on that Division, one handling car-distribution work for the territory east of Cheney and the other bandlfng car-distribution work for the territory west of Cheney. (Cheney is 1R miles west of Spokane.) These car distributors work independently. Sir. Harvey :MeKeown occupied the position handling the car-distrilattion work %Nest of Cheney.
"Mr. Widger was occupying the position of relief clerk in the Spokane yards relieving various employees on their day off per week. He was displaced from this position by a senior employee, and requested permission to exercise his seniority onto the position of car distributor which was occupied by Mr. McKeown. Ile was not permitted to displace Mr. McKeown."
An Agreement bearing effective date of August 15, 1922, exists between the parties, and the employees cite the following rules thereof in support of their claim
RUL& 5 (a). Promotion basis.-Employer covered by these rules shall 1>e in line for promotion. Promotion shall be based on seniority, fitness, and ability; fitness anti ability being sufficient, seniority shall prevail except, however, that this provision shall not apply to the excepted positions.
No2a.-The word "suffcient" is intended to more clearly establish the right of the senior clerk or employee to bid in :t new position or vacancy where two or more employes have adequate fitness and nbilit?'.
RULE 7. New positions and vacancies.-Seniority rights of employes to vacancies or new positions will be governed by these rules.
RULE 26. Poaitioms abolished-Emploves whose positions aro abolished may exercise their seniority rights over junior employer. Other employes affected may exercise seniority rights in the same manner.
Ruts 30. Eserviahag seniority.-The exercise of seniority ht reductions of force or displacing junior employes provided for ht this article is subject to the provisions of Rnle 5 of this article.
Under the rules and in the first instance, the carrier has the responsibility of determining the fitness and ability of the employees, and this Division should be reluctant to interfere with the decision so made by the carrier so long
its it acts in good faith, is without bias or prejudice and indicates lie disposition to purposely or carelessly evade or disrespect the rules as well as the spirit and intention thereof.
The record in this case discloses that the position of Car Distributor carries with it much responsibility. The position requires training, experience, and judgment. The ordinary lard Clerk could not under ordinary circumstances take up the work kind carry oft its multiplied responsible duties. The petitioner is without substantial experience tit handling this particular line of work and has been it) no position to study its varied details or become acqunhttcd with the entire territory which this position services although a thorough knowledge of such territory and its requirements as well as peculiarities are quite essential to the successful operation of the work of Car Distributor. The present incumbent has satisfactorily- filled the position since April 1926 although he is junior in service to the petitioner, mud while it is trite that like seniority rule is one of the major elements ill the application of the t tiles between the carrier Oil(] the employees, yet seniority cannot be applied ilk every ctt.se and do justice to the successful operation of the Raihoad. Seniority cannot he applied irrespective of fitness and ability. The latter elements tire of very great importance to the carrier. In this particular case or dispute this Division is of the opinion that the carrier was justified to snaking the decision that the petitioner (lid not possess sufficient fitness still ability to perform the duties of tile position of Cur Distributor.