(a) The Carrier violated the current Signalmen's Agreements, particularly Section 13 of the Agreement of February 10, 1958 (Consolidated Shop Agreement) and Rule 36 of the Agreement of April 1, 1962, when it refused to assign Mr. L. S. Weaver to position of Relay Repairman advertised in Bulletins GSE-8-68 and GSE-9-68.
(b) That the Carrier pay Mr. Weaver at the Relay repairman's rate for all time that he has been unjustly held from this bulletined position continuing until he is assigned to that position or is disqualified under Section 13 of the aforementioned Agreement of February 10, 1958.
(a) In filling vacancies and new positions, ability being sufficient, seniority will govern."
the determination for denying the claimant the assignment to the position of relay repairman with responsible officers and supervisors, Chief Engineer Brown declined the claim, copy attached as Carrier's Exhibit "F."
Further correspondence was exchanged on the property as concerns the merits of the claim as follows:
General Chairman Wollbrinck's letter of September 26, 1969 to Chief Engineer Brown, copy attached as Carrier's Exhibit "G".
Chief Engineer Brown's letter dated October 24, 1969 to General Chairman Wollbrinek, copy attached, as Carrier's Exhibit "H".
General Chairman Parson's letter of December 22, 1969 to Chief Engineer Brown, copy attached as Carrier's Exhibit "I".
Chief Engineer Brown's letter of January 28, 1970 to General Chairman Parsons, copy attached as Carrier's Exhibit "J". The merits of the claim were discussed in conference between the parties on several occasions; however, no conclusions were reached.
The Organization takes the position that a trial period of forty-five days is mandatory. There is no provision in the agreement requiring Carrier to give the employe such a trial and in the absence of evidence of probative value that the claimant possesses "sufficient" ability the claim must be denied.
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