March 3, 1959, after successfully passing the required examination referred to in Rule 22. During 1965 he worked as foreman from January 1 through January 29; June 28 through July 9; July 19 through August 6; December 27 through December 31.
H. A. Story entered service as a B&B laborer on April 14, 1941, on the Wymore Division; he was promoted to B&B mechanic on May 11, 1942, and transferred to the System B&B Department as a machine operator on June 16, 1947 on Lines East (Wymore Division is on Lines West). He has not worked as a B&B mechanic in any gang since June 16, 1947; he has never qualified as a relief foreman, nor has he ever expressed a desire to be considered for promotion to foreman or to take the examination referred to in Rule 22, until after Dorias was assigned temporarily as foreman of Wymore B&B Gang No. 7, in December of 1964.
The regularly assigned foreman of B&B Gang No. 7, Wymore Division, laid off account illness in the middle of December, 7964, and Relief Foreman Dorias was assigned to replace him. When it became known that the regular foreman would be off duty for more than 30 days, the vacancy was bulletined on January 7, 1965, and it was assigned to J. E. Dorias, the only qualified applicant on January 28, 1965, in conformity with the provisions of Rule 26, and was given a seniority date of January 28, 1965, per Rule 4(c). The only other applicant for the vacancy was H. A. Story, who was not qualified.
In response to written request from H. A. Story, following posting notice to applicants who desire to be examined for promotion to assistant foreman and foreman as per Rule 22 (a), he was furnished the necessary material and given 30 days to prepare for examination. He was examined and passed the examination on March 31, 1966. He was then placed on the eligible list referred to in Rule 22, paragraph (b). Since that date he has continued to work as a machine operator on Lines East, and has as yet never worked as a relief foreman or assistant foreman.
The schedule of Rules Agreement between the parties, effective September 1, 1949, and amendments thereto, are by reference made a part of this submission.
OPINION OF BOARD: A treatise in this case would serve no useful purpose. A careful consideration of the Record and of the argumentation presented by and in behalf of the parties compels us to reach the following conclusion: That the seniority preferential rights of the Claimant were not recognized by the Carrier in the instant dispute, particularly in regard to Rule 22 of the Agreement of the parties.
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;