NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
Lloyd K. Garrison, Referee
-(a) Claim of Carpenter L. Flower to promotion to position as Carpenter Forentall wlieil Vacancy ill such position was advertised oil January 111, 1935.
(Ir) Reimbursement for wage loss stiffereq )'lleoi not assigned to the foregoing position."
Fl\DINGS.-The Third Division of tile Adjustment Board, allow the whole record and all the evidence, finds that:
The carrier and the employes involved in this dispute are respectively earlier and employes within the meaning of the Railway Labor Act :rs approved June 21. 19#.
This division of the Adjustment Board has jurisdiction over tile usin ate involved herein.
The parties to said dislnite were given due notice of hearing thereon.As a result of a deadlock, Lloyd K. Garrison was called in as Referee to sit with the Division.
Ali agreement is found to exist between tile 1)artles and tile following; rules are cited by tile employes to support their contentious:
"Rorx 2. Seniority Rigltls.-(b) Rights accruing to employees under their seniority entitles them to consideration for positions in accordance with their relative length of service with tile Railway, as hereinafter provided."
"RULE 2. Rights of Otheru Than Sectlme ~lcu.--(cl Seniority rights of employees of higher rank than section turn to new positions or" vacancies of the Track Delartnient, will he restricted to the territimy under tile jurisdiction of one Roadniaster, lit the Bridge and 1hifding Department to or over the entire system. When forces are reduced, employees will have the right to displace employees junior in the service in their own ralik. or next loner rank. When force is again increased enlployce" unity return to their former positions."
"Foremen shall. before displacing other elliployecs. displace only foreineu with less seniority rights oil their respective dlvarivts."
RULE 3. Proncotion-section (a). Promotion is an advaneelnent front a lever to a ldgher rank."
"RILE 3. Basis of Proniotinn.--(b) Pronuahnt shall be lniseil oil ability, unerit, and serliorlty. Aldlilg unit Merit being sufficient. seniority shall prerail."
"Rrnv 3. Failing to Qrohfy.--(c) Filil)loyees oceepting lannotion and failiml to qualify within thirty (30) days, Italy return to their forliler position without loss of seniority:"
"RULE $. Hon _liadc.-(h) Proulolions to new position, or to till vacan<·ies )'ill be ]']title tiller bullelill notice bas been posted for a period of ten (lU) do>-s at the headquarters of tile gangs in tile sub-department of employees entitled to consideration in filling the positions, during which tittle employees inay file their applications with tile ()fhciid whose name appears oil the bulletin. Tile appoiatnrent t'111 he made before tile ex-
On January 19, 1935, the Carrier called for bids for Carpenter Foreman in Gang No. 4, located at Cleveland, Ohio, at a rate of $175.00 per month. The position was awarded to Mr. Louis Krueger, who was hired as a carpenter and who carries a seniority date of January 24, 1934. Air. E. Flower, with a seniority date of September 18, 1930, bid for this position.
Mr. Flower first entered the service of the wheeling and Lake Erie Railway in January 1922, working until May 1923, was rehired In September 1924, working until April 1930. He returned to the service of the Railroad in September 1930, and is still employed.
Mr. Flower served as Relief Foreman during the following periods:Upon the whole record the complaints made for the purpose of evidence in this case, the strongest of which is from Mr. Krueger, an immediately interested party, are insufficient to outweigh the presumptions in favor of Mr. Flower's capacity which arise from his previous appointments described above.
(a) Mr. Flower should have been given the position of foreman, and the seniority list shall be revised showing his seniority as a foreman.
(b) Air. Flower shall be reimbursed for the difference in what he would have received had he been assigned as foreman, and what be earned as carpenter, for the period that Mr. Krueger was acting foreman.
By Order of Third Division: