NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21615
George S. Roukis, Referee
(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-8089, that:
1. Carrier violated Rules 7, 11 and 12 of the agreement when
it disqualified Mr. J. E. Howard from the position of Correspondence
Utility Clerk effective November 26, 1974.
2. Carrier shall compensate Mr. J. E. Howard the difference
in the rate of position of Correspondence Utility Clerk and the rate
of his position until the violation is discontinued.
OPINION OF BOARD: The claimant herein is the same as involved in our
recent Award 21507, in which we held:
"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 into the
Customer and Freight Accounting 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."
In our present dispute claimant was assigned to position of
Correspondence Utility Clerk on October 16, 1974. On November 26,
1974, the Manager-Freight Accounting notified claimant:
Award Number 21623
Docket Number CL-21615
"According to our records you have filed bid for and
was awarded position of Correspondence-Utility Clerk,
effective October 16, 1974. Review of such records
indicates that during the qualifying period stipulated in
Rule 12, you failed to perform the duties of the position
in a reasonable, efficient and satisfactory manner; therefore, pursuant to Rule 12, I have no altern
disqualify you from the Correspondence-Utility Clerk
position effective November 26, 1974.
"Effective at the same time, you are considered in a
furloughed status and you may file bid for subsequent
bulletined positions. Consideration will be given based
upon your seniority, fitness and ability."
Based on the entire record, the Board finds no basis for
disturbing the action of the Carrier, 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
Page 2
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST:
Executive Secretary
AU
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2 4 1977
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 29th day of July 1977.
