BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
OPINION OF BOARD: The record in this case shows that the Claimant herein was removed from his position of Traveling Auditor because of his "inability to perform the duties of the position", and that thereupon Claimant was permitted to exercise his displacement rights under Rule 19.
The position of Traveling Auditor is a so-called P, A. D. 0. position i. e., one not subject to the Promotion, Assignments, Displacements and Overtime Rules.
There is no question before this Division involving Claimant's qualifications or lack thereof. The sole question for determination is whether the Agreement was violated in removing Claimant from his position after expiration of thirty days without granting him a hearing in advance of removal.
Petitioner cites Rule 17 in support of this Claim. There is a conflict between the parties concerning the application of this Rule to P, A. D. 0. Positions. However, the Carrier is agreeable to grant hearings in the future
when requested by incumbents of such positions who are disqualified and removed therefrom after thirty days. Based on the record in this case we conclude that the issue involved herein should be disposed of on that basis.
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 the 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 jurisdiction over the dispute involved herein; and
Claim sustained to extent indicated in Opinion and Findings; in all other respects denied.