STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6401) that:
EMPLOYES' STATEMENT OF FACTS: Claimant, Yard Clerk, Edward Colella, seniority date of February 14, 1952 had been displaced by a senior employe from Yard Clerk's position at Mystic Junction effective Friday, June 29, 1962.
His assignment at the time consisted of teletype operation and clerical duties, Monday through Friday, from 11 P. M. to 7 A. M., Saturday and Sunday rest days. Rate $20.4384 daily.
He exercised seniority rights over a junior employe, Mr. Edward Sheeran, Yard Clerk-Assistant Freight Crew Dispatcher, seniority date May 31, 1954, effective on Friday, June 29, 1962. This is a swing job with the following assignments:
OPINION OF BOARD: Petitioner's complaint is that Carrier refused to permit Claimant, after he had been displaced from a yard clerk position, to displace a junior employe in a combination yard clerk-assistant freight crew dispatcher position until Claimant had spent a day demonstrating that he was qualified to perform the work.
Rule 6 of the applicable Agreement provides that displacements "shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail." It is well settled that under a rule of this type, management possesses the right to refuse to permit displacement by an employe it considers unqualified unless its decision in that regard is arbitrary or capricious. See e.g., Awards 1147, 2692 and 12994. Since qualifications must be determined as of the time displacement rights are attempted to be exercised-in this case, June 29, 1962-the fact that Claimant had worked as an assistant freight crew dispatcher in about 1952 is not controlling (See Award 12394), particularly since it appears that the duties and responsibilities of that position had been increased in more recent years.
The evidence does not establish that Carrier acted arbitrarily in rejecting Claimant's bid on June 29, 1962, and we will deny the claim.
FINDINGS: The Third Division of the Adjustment Board, 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