NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22698
George S. Roukis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr8637)
that:
1. Carrier violated the Agreement between the parties when on
June 6, 7, 8, 9 and 10, 1977, it used a junior employe instead of Clerk
J. R. Tyree to fill the vacancy of Timekeeper in the East Yard, Bluefield,
West Virginia on a hold down position.
2. Carrier shall now be required to compensate Extra Clerk
J. R. Tyree for eight (8) hours at the time and one-half rate of pay for
June 6, 7, 8, 9 and 10, 1977.
OPINION OF BOARD: Claimant, who is regularly assigned to the Extra Board
at Bluefield, West Virginia contends that Carrier
violated the Agreement when it assigned a junior employe to fill the Time
keeper's position in the East Yard.
Carrier, contrawise, denies this contention and asserts that he
was unqualified to fill the position within the definitional requirements
of Agreement Rule 13(d).
The section of this provision which is germane to this dispute
provides that: "Extra employes will be called for work on a first-in
first-out basis, if qualified, except that they may be assigned to 'hold
downs' and may be required to remain thereon until released by-Carrier."
The following section referring to two or more Extra Board employes is
moot, since this is not the fact situation herein.
In our review of this case, we find that Rule 13(d)(Sepra)
postulates a clear qualification judgment that vests exclusively with
Carrier, subject of course, to Agreement limitations. Since there are
no explicit restrictions on this decision, except the employer's understood
obligation to demonstrate that the qualification test was reasonably met,
the burden of proof falls upon the challenging party to show that it -was
an improper selection.
Award Number 22851 Page 2
Docket Number CL-22698
In this case, the only supportive evidence adduced on Claimant's
behalf were the two statements submitted by fellow employes attesting to
his qualifications to hold dawn the Timekeeper's position and the Claimant's
averment that he worked this position before.
Carrier does not contest that he previously filled the position,
but emphatically notes that he needed the assistance of others to fulfill
adequately its responsibilities. This responsive assertion was undisputed.
When the overall record is carefully assessed, we do not find
that Claimant persuasively demonstrated that he was qualified to fill this
position or that he was improperly denied it by virtue of as unqualified
seniority claim.
The relevant section of Rule 13 (d) which applies here is an
unambiguous provision and its qualification clause is explicit. We will
deny the claim.
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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;,
i
Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1980.