THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6101) that:
EMPLOYES' STATEMENT OF FACTS: This dispute is between the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes as the representative of the Class or Craft of employes in which the claimant in this case holds a position and the Southern Railway Company.
Mr. M. L, Suggs is carried on the Southern Railway System, Accounting Department, Office of Director, Revenue Accounting, Freight Accounts District, Seniority Roster-Group 1 Clerks, with a seniority date of September 25, 1941, and at the time of this claim, he had been an employe of the Southern Railway Company for approximately twenty-five (25) years. Mrs. Catherine Carper has a seniority date on the same roster of April 29, 1942.
Mr. Suggs accrued a displacement, under the provisions of our Agreement rules, effective February 15, 1965, when he was himself displaced by a senior clerk. He elected to displace Mrs. Catherine Carper from the position of Interline Adjustment Clerk, but was denied this right to do so, the Carrier taking the position that Mrs. Carper was better qualified.
"RULE 16.
FILLING VACANCIES UNDER SENIORITY RULES
(a) (Revised, effective October 1, 1938.) Except as otherwise provided in this agreement, Rules 7, 8, 9, 13, 14, 15 and 17 in particular, vacancies covered by this agreement will be filled in accordance with principles defined in Rule 15 (exclusive of the notes) in the following manner, except that merit, capacity and qualifications being sufficient, seniority shall govern:
"RULE 21.
REDUCING FORCES AND EXERCISING SENIORITY
(Revised, effective October 1, 1938.)
OPINION OF BOARD: This case involves the same parties, agreements and issues as Awards No. 15164 and No. 15165 by Referee Dorsey. The logic of those Awards is compelling.
For the reasons stated in Award No. 15164 (Dorsey), we will deny this 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 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