Necessity for use of Leadmen is infrequent, and, while in this particular instance a Leadman was used for nearly a two-month period, that is unusual. Ordinarily a Leadman is only required for short periods of 3, 4, or 5 days, when, for some reason, it becomes necessary for a Foreman to split his gang.

At Helper, Utah, the Carrier owns and maintains some 70 or more company houses. In the instant case a gang consisting of, on the average, a Foreman and 12 men (1 Leadman, 3 Carpenters, 4 Helpers and 4 Painters) were engaged in a large improvement and repair job on the company houses, and inasmuch as the job required carpenter work and painting and paper hanging, the Foreman under the provisions of Rule 30 (b) assigned Mr. C. B. Dean as a Leadman in charge of the painters and paper hangers. The rule provides that mechanics may be assigned, but it is not compulsory that they be assigned. In actual practice where it is deemed necessary to make use of a Leadman, the selection of the Leadman is left to the judgment and discretion of the Foreman.

In the instant dispute Mr. C. B. Dean, a demoted foreman, was selected by the Foreman to act as a Leadman. In addition to being a carpenter, Mr. Dean was also an experienced painter and paper-hanger, whereas, except possibly for some unimportant and minor jobs, all of Mr. Loertscher's experience has been as a carpenter. Under these circumstances the Foreman's designation of Mr. Dean to act as Leadman was a logical and common sense choice. Certainly the appointment of a carpenter, without painting and paper hanging experience, to supervise a gang of painters and paper hangers would not be good judgment, just as it would not be good judgment to select a painter to direct a gang of carpenters. Further, Mr. Loertscher, even though he has a date of April 28, 1937, as a carpenter as never been promoted, and, therefore, during his service with this Carrier has had no experience directing and handling men, Because of his lack of experience, it is very unlikely that a foreman would select Mr. Loertscher to act as a Leadman even over a gang of carpenters.

When this case was first submitted locally at Salt Lake City, Utah, in January, 1947, the Local Chairman of the Brotherhood was advised that Mr. Dean was selected because of his experience in painting and paper hanging and that Mr. Loertscher was not selected due to his lack of these qualifications. The Organization has never questioned the Carrier's statement concerning Mr. Loertscher's qualifications, but contends the position should have been bulletined and Mr. Loertscher given an opportunity to qualify. Inasmuch as use of a mechanic as a Leadman does not constitute a promotion in the sense that a seniority date is established in a higher classification, there is no requirement that such positions be bulletined, and in the thirty years that this Carrier has had an agreement with the Brotherhood of Maintenance of Way Employes, such positions have not been bulletined.

While not conceding the position of Leadman should have been bulletined, if it had been bulletined Mr. Loertscher would not have been assigned because of his lack of qualifications for the position.

(Exhibits not reproduced).

OPINION OF BOARD: Claimant is a Bridge and Building Department carpenter with a seniority date of April 28, 1937. C. B. Dean and J. S. Gardner are also B&B carpenters with seniority dates of July 1, 1937 and July 6, 1941, respectively. Dean and Gardner bold seniority as foremen but were working as B&B carpenters due to a reduction of force. From October 19, 1946 to December 14, 1946, excepting the period from October 21st to 26th when Gardner acted in his stead, Dean served as leadman in B&B Gang No. 4 at Helper, Utah. Claimant contends that he should have been designated as leadman during this period and claims compensation for the period at the leadman's rate.

A leadman holds no seniority as such, it not being a seniority rank under the Agreement. Under the Agreement, mechanics may be assigned as leadman and will be paid an additional five cents per hours. Rule 30-b, current

Agreement. The three B&B carpenters here involved are mechanics within the meaning of the rule.

"(2-b) Employes shall be entitled to consideration for positions and promotions according to their relative seniority, as provided in Rule 9:'

capacity for greater responsibility and where these requirements are

sufficient, seniority shall prevail; the management to make the selec

tion."

The fact that a leadman attains no seniority as such we do not deem important. Such a position is higher rated than that of B&B carpenter be~cause of the greater responsibilities that it carries. It is in fact a promotion although the occupant attains no right to hold it by seniority as a leadman. There is no permanency to the position which would be necessary to make it

`, a promotion as that term it usually employed. But Rules 2-b and 9-a apply to it. When ability, qualifications and capacity for greater responsibility are sufficient, the senior B&B carpenter should be assigned to the Position) The evidence shows that Dean and Gardner had served as foremen an

demonstrated their respective abilities to handle men and expedite work. In the instant case, the work was primarily painting and paperhanging. Dean was an experienced painter and paperhanger while claimant's experience was almost wholly that of a carpenter. There is no evidence that claimant had qualifications as a leadman which would entitle him to the position on the basis of seniority. Under Rule 9-a, management is expressly authorized to make the selection. Before a claimant has a valid claim because of being denied a leadman's position, he must affirmatively show that he had the ability, qualifications and capacity for greater responsibility. The claimant has not done this and relies upon his status as a B&B carpenter senior to the two employes used. Consequently, the record does not establish that the Carrier violated the Agreement by depriving a senior employe of the position who had the ability, qualifications and capacity for greater responsibility. Whether the leadman position should have been bulletined is not material here. It is only a senior B&B carpenter who has ability, qualifications and capacity for greater responsibility who could be injured by such a violation, if it was such. It follows that a denial award is in order.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jutisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD