NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
hb7-23837
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE: ( '
(Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CLAIM: "Claim of the~System Committee of the Brotherhood that:
(1) The Agreement was violated when the position of extra gang
foreman (Extra Gang No.
7)
as advertised by Bulletin No.
505
dated March
13,
1979
was awarded to an applicant junior to Fabian Casarez (System File MofW
138-55).
(2)
(a) The position of extra gang foreman (Extra Gang No.
7)
be awarded to Mr. Fabian Casarez with seniority as such
dating from March
29, 1979;
(b) Claimant Fabian Casarez shall be allowed the difference
between what he earned in a lower rated position and what
he should have earned as an extra gang foreman if he had been
awarded the extra gang foreman's position beginning March
29, 1979
and to continue until the violation is terminated."
OPINION OF BOARD: it is contended by the Organization that Claimant F. Casarez
being the more senior employe should have been awarded the
Extra Gang Foreman position under Rule
8
aver a less senior employe selected on
March
29, 1979.
However, a review of the record by this Board establishes that
the other employe had already applied for and had qualified as a Foreman some
time prior to Claimant's application for training under Rule
8,
and in addition
the other employe already had expreience as a relief foreman at the time of
Claimant's application. Thus, the Carrier's selection of the other employe for
the position of Foreman as of March
29, 1979
was not arbitrary, capricious or
in bad faith (See Third Division Award
23368).
Therefore Claimant is not
entitled to that promotion and the claim for back pay is denied accordingly.
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.
Award Number 24112 Page
2
Docket Number
I·Ed-23837
A W A R D
Claim denied.
· NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By :. ,.t~c_ ~~t.s=c~
Rosemarie Brasch - Administrative Assistant
Dat at Chicago, Illinois, this 14th day of January
1983.