NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21304
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-7893,
that:
1. Carrier violated Rules 7, 11 and 12 of the Agreement when it
failed and refused to award Mr. J. E. Howard one of three positions as
advertised in Customer and Freight Accounting Exhibits 2779, 2780 and 2781.
' 2. Carrier shall compensate Mr. J. E. Howard the difference in the
rate of positions denied and the rate of his position until the violation is
discontinued.
OPINION OF BOARD: Claimant is employed by Carrier as Clerk in Carrier's
Customer and Freight Accounting Department, Jacksonville,
Florida. He has seniority dating from 1941 but most of his service has been
as a Storehouse Laborer.
On May 20, 1974 Carrier posted for bidding three Utility Clerk
positions in its Control Bureau. Claimant bid on all three positions and
was interviewed by Carrier officials to review his qualification, fitness
and ability. This interview revealed that Claimant had no previous experience with work of the natur
on May 30, 1974 the positions were awarded to employes junior to Claimant.
Claimant sought written explanation under Rule 11 (f) and was advised by
Carrier
on
June 4, 1974 as follows:
"Messrs. Spivey and Davis discussed the qualifications
of these positions with you on May 28, 1974, at which time it
was developed that you had no prior experience whatsoever with
handling and researching move records and need move lists,
which is a prerequisite of these positions. In this instance,
therefore, you do not have sufficient fitness and ability for
these positions; consequently they were awarded to junior
employees who met the requirements."
Subsequently by letter dated June 10, 1974 the Organization on behalf of
Claimant filed this claim alleging violation of Agreement Rules 7, 11 and 12.
Award Number 21507 Page 2
Docket Number CL-21304
Awards of this Division have held that where the Carrier decides
that an applicant for a position lacks sufficient fitness and ability for
a position sought, the burden then shifts to the employe to show that he
does have sufficient qualifications. In this case the Claimant has not
met that burden.
Most of Claimant's services with the Carrier had been as a Storehouse Laborer. He transferred in
Department on July 7, 1969,
where he
worked as Waybill Assorter until October
24, 1972. The record shows that he had previously been disqualified on at
least four occasions when applying for higher rated clerical positions. The
record does not establish that Claimant had sufficient fitness and ability
for the Utility Clerk position in May 1974. Nor has Claimant shown that
Carrier's decision was otherwise arbitrary, unreasonable or discriminatory.
The Board finds no basis for disturbing the action of the Carrier
fn this case, and the claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
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
That the Agreement was not violated.
..~:
A W A R D v, 7
Claim denied.
F3 E
F?
NATIONAL RAILROAD ADTUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1977.
