NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23461
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATENENT OF C1A1M: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on consolidated Rail Corporation:
System Docket EL-12, Atlantic Region - Hoboken Division Case Canal
1861 -- claim of R. L. Devine because Carrier awarded the position of Signal
Construction Foreman to a junior employee on Bulletin No. 127 dated April
4,
1978."
OPINION OF BOARD: The Carrier advertised a Foreman position and the Claimant
applied for the job. However, a junior employe was given
the assignment.
The pertinent portion of the Agreement provides that promotions shall
be based on ability and seniority and ability being sufficient, seniority shall
govern.
We are inclined to agree with the Organization that the Carrier, on
the property, raised a number of items in defense of its actions but it did not
attempt to demonstrate that the Claimant could not do the work involved. Thus
there is no showing that the Claimant lacked the necessary ability and under
those circumstances we will find a violation of the Agreement. We will award
the Claimant the seniority accrual which he would have amassed had he been selected
in lieu of the junior employe and he will be placed ahead of that individual
on the pertinent seniority roster.
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 Employee 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 violated.
Award Number
24092
Docket Number
SG-23461
A W A R D
Claim sustained. in accordance with the Opinion.
Page 2
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Rosemarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this
5th
day of January
1983.
~CEIVED
ch~.
<_, 09o
Offices
Serial
No.
318
NATIOIML RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION NO. Z TO AWARD NO. ?409?
DOCXBT NO. SG-23461
NAME
OF
ORGANIZATION: Brotherhood of Railroad
Signalmen
NAME
OF CARRIER:
Consolidated Rail Corporation
Upon application of the representative of the employs involved fn
the above Award that this Division interpret the same to the light of the
dispute between the parties as to its
meaning and
application, as provided for
in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934,
the following interpretation is made:
The requested Interpretation seeks to obtain a monetary remedy.
However, the Fhrployeels claim did not seek such relief and, of course, the
claim could not thereafter be enlarged to include such requested relief. Thus,
it was not the intent of the award to require compensation.
Referee Joseph A. Sickles, who sat with the Division as a neutral
member, when Award
No.
24092 ces adopted, also participated with the Division
in making this interpretation.
NATIONAL RAILROAD ALUU52WENT BOARD
By Order of Third Division
ATTEST:
Z
Nancy J. ve -Executive Secretary
Dated at Chicago, Illinois, this 4th day of November, 1983