PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:




EMPLOYES' STATEMENT OF FACTS: The claimant had established and held seniority as a section (track) laborer within Group 1 of the Track Sub-Department as of April 23, 1960. He had never established or held seniority in any other group or rank, but he had frequently been temporarily assigned to work as a roadway machine operator.


Mr. W. R. Findley had established and held seniority as a section (track) laborer as of May 28, 1964. He did not hold any other seniority within the Maintenance of Way Department. He was never assigned and usedtemporarily or otherwise-to perform the work of any other group or rank included therein.


Under date of June 22, 1964, less than a month after Track Laborer Findley entered its service, the Carrier issued a bulletin reading:


"No. 3382


















OPINION OF BOARD: On June 22, 1964, the Carrier posted Bulletin No. 3382, advertising position of Garage Serviceman. Bids were received from one employe besides claimant. Claimant was denied the position as "not qualified." Carrier assigned the position to a junior Track Laborer who had bid for the position.

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Carrier's Supervisor Scales and Work Equipment declined the Organization's claim on behalf of Claimant. He stated that in the instant case, Mr. Hembree failed to attain a passing score when given the "Wonderlic Mental Ability Test"; therefore, it was determined that he did not have sufficient ability to be considered for the promotion to the position of Garage Serviceman.


This dispute is identical in principle with cases covered by our Awards 15002 (Zumas), 15586 (House), 15972, 16107 and 16108 (Mesigh), involving the same parties, rules, and in substance the same issue. Our findings in those Awards are dispositive of the issues in the instant dispute, and following the principle of Stare Decisis, we sustain the claim here.


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 Employe 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.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this let day of March 196,8.

Keenan Printing Co., Chicago, ill. Printed in U.S.A.

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