NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22910
George S. Roukis, Referee
(Brotherhood of Railway, Airline and Steamehip Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE;
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GI~8759)
that;
1) Carrier violated and continues to violate the Seniority, Promotion,
Bulletin, Assignment, and related rules of the Clerks' Agreement when it arbitrarily refused Employe
position in the Regional Accounting Department in Seattle, Washington.
2) Carrier shall be required to recognize Employe D. G. Olson's
contractual rights and his application for the position of Chief Revising Clerk,
assign him to that position, and compensate him an additional eight (8) hours
pay at the rate of $58.54 for each workday commencing July 11, 7977 and continuing until placed ther
3) Carrier shall pay Employe D. G. Olson interest at the current rate
on the amount of reparation due in Item (2) above compounded annually on the
anniversary date of this claim.
OPINION OF BOARD: This dispute relates to another claim filed by petitioner,
namely, his claim in, Award No. 23047 that he was tmjust y
treated when he applied for the Revising Clerk-Grade A position No. 8
July, 1977. In the instant claim Claimant argues that he was also unjustly
treated when he submitted a bid application for the Chief Revising Clerk's posi
tion No. 89740 in Seniority District No. 45, circa June, 1977, and was rejected
in favor of a junior employe who was selected to fill this position on July 11,
1977.
Similar to his contentions in the other dispute, Claimant asserts that
he possessed sufficient ability and fitness within the judicially interpretative
meaning of Rule 7 to be given an opportunity to qualify for the Chief Revising
Clerk's position consistent with the requirements of Rule 8. Carrier, contrawise, contends that he i
In our review of the July 22, 1977 investigative transcript we concur
with Carrier that he was unqualified for this position at the time he submitted
his application. We recognize that his educational training and tariff experience
_ Award Number 23050
Docket Number CL-22910 Page 2
were presumptive indicators of ability, but we do not believe that he was truly
qualified for the Chief Revising Clerk's position.
For example, our detailed analysis of this position clearly reveals
a higher level of technical skills and general management duties
which were
beyond the position expectations sad requirements of the Revising Clerk-Grade A
Position. These distinctions are not nuancial or superficially different. He
did not have the background and hands-on experience to manage and direct other
Revising Clerks or the definable experience to handle the Chief Revising Clerk's
duties. It might well be reasonable to postulate that Claimant would learn these
duties once on the job, but many other moderately talented unqualified employes
is case is whether rated jobs, if given the opportunity. What
Nether Claimant was qualified as evidenced by an
acceptable modicum of sufficient fitness and ability per Rule 7 and whether
Carrier arbitrarily disregarded his qualifications The record does not show
either contention. His bid application was properly rejected.
This Board will not burden the record with extensive citations of case
law on the employer's indisputable right to determine fitness and ability standards
for Positions. But we think that Third Division Award 16871'8 basic conclusion
succinctly articulates this right and its legal parameters. It states:
"*** The Awards are legion that it is the Carrier's
prerogative to determine the fitness and ability of
an employe for a Particular position. *** Leas a showing that the Carrier's determination as to fitn
and ability is arbitrary and capricious it will not
be disturbed. The burden is on the petitioner to
make such a showing.
***11
Claimant did not establish persuasively that he was fit to assume the
Chief Revising Clerk's Position and Carriers rejection of his bid application
was neither capricious nor inconsistent with its right to determine qualifications.
We will reject 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;
- Award Number 23050
Docket Number CL-22910 Page 3
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 14th day of November 1980.