Award No. 11122
Docket No. SG-10615
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David Dalnick, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
THE LONG ISLAND RAIL ROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Long Island Rail Road
Company that:
(a) The Carrier violated the current signalmen's Agreement,
particularly Rules 47 and 49, when it made the following assignment:
Awarding of Position #2348, Bulletin #510 to D. J.
Lmisman, award made on Bulletin #511 dated April 25, 1957.
Claim is made in view of the fact that Frank J. Mashek. Jr., who is
senior to D. J. Lunsman, made application for the position cited
above.
(b) The Carrier now pay Frank J. Mashek, Jr., the difference
between his respective earnings and the earnings of D. J. Lunsman,
overtime included, subsequent to April 29, 1957. [Carrier's Case
SG-2-57)
EMPLOYES' STATEMENT OF FACTS: On April 18, 1957, Bulletin No.
510 was issued advertising Position No. 2348. Assistant Foreman with headquarters at Test Gang, Johnson Ave.
Bulletin No. 510 is reproduced
herewith and attached hereto, and is iden-
tified as Brotherhood's Exhibit No. 1.
On April 25, 1957, Bulletin No. 511 was issued, awarding Position No.
2348, Assistant Foreman, to Mr. D. J. Lunsman.
Bulletin No. 511 is reproduced herewith and attached hereto, and is
identified as Brotherhood's Exhibit No. 2.
Inasmuch as an employe senior to Mr. D. J. Lunsman, namely, Mr. Frank
J. Mashek, Jr., made application for Assistant Foreman Position No. 2348 and
was not awarded the position, General Chairman S. A. Vallowley filed a protest
[2897
11122-16
304
relay and telephone work, with insufficient knowledge of signal circuits or
signal construction, or any other phase of signal work. Consequently, he did
not possess the necessary qualifications for the position.
.The Carrier, in summarizing its position, desires to emphasize the following points:
1-That Lunsman, having seniority in the Foreman Class, was
properly awarded Position No. 2348.
2-That Frank Mashek, Jr., does not possess the necessary qualifications and therefore is not eligible for promotion to a position of
Assistant Foreman.
3--The Carrier has the prerogative to determine the fitness and
ability of an employe.
4-The Carrier has not bargained away its managerial rights
with respect to the selection of a qualified employe for promotion to
the Foreman Class.
5-The burden of proof is upon a rejected applicant to establish
that he has fitness and ability to occupy a position, and this has not
been done.
6--There is no proof in the record that the decision of the Carrier
was made on any arbitrary, capricious or unfair basis.
Since, in the instant case, the qualified senior applicant was awarded
Position No. 2348, Assistant Foreman, Test Gang, Johnson Avenue Yard,
Johnson Avenue, claim as made herein should be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
The claim here is similar to the one in Award
11121 where we have discussed the issues and position of the parties in considerable detail. For reasons therein stated we are obliged to conclude that
there is no merit to the claim.
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 Employer 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
That the Carrier did not violate the Agreement.
AWARD
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 12th day of February 1963.