NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-23830
Josef P.Sirefman, Referee
(Barbara C. Robinson, Pam S. Bridson, M. Jean Koehler
PARTIES TO DISPUTE:
(Sop Line Railroad Company
STATEMENT OF CIAIM: "Claim of (A) Barbara C. Robinson, (B) Pam S. Bridson and
(C) M. Jean Koehler that:
(1) Carrier violated Rules 1(Scope), 3(d), 25(a) and Special Agreement
No. 1 (Union Shop) when it refused to assign any of the above Claimants to a
Personal Steno "c" position in Seniority District No.
16
or allow Claimants time
to qualify for the position. Instead, Carrier appointed an employee holding an
Exception "b" position in Seniority District No. 1 to the District No.
16
Exception "c" position.
(2) Carrier shall now be required to assign one of the above Claimants
to the Personal Steno Position No. 51004 in District No.
16.
(3) Carrier shall be further required to compensate Claimants for the
monetary difference between the rates of the positions worked by Claimants and
the Personal Steno rate for July 12,
1979,
and for each and every day thereafter
until one of the Claimants is assigned to the position."
OPINION OF BOARD: Claimants Robinson, Bridson and Koehler seek assignment of
one of their number to Personal Steno position No. 51004 in
Seniority District No.
16.
This position is one that is known as a partially
excepted or "c" position. Rule 1(c)(3) of the Soo Lines-BRAC Agreement, the
agreement covering Claimants' employment, provides the following with respect to
filling "c" positions:
"In filling positions designated le' in the listing of such
positions which follow, through bid or displacement, which
are covered by this exception, the management is not required
to apply the provisions of Rule 8 (Promotions, Assignments, and
Displacements). In filling these positions, consideration will
be given to employees in the seniority district in which the
vacancy occurs."
Rule
8
of the Soo Line-BRAC Agreement also makes reference to "c"
positions. The pertinent part of Rule
8
provides:
"Employees covered by these rules shall be in line for
promotion. Promotion, assignments and displacements under
these rules shall be based on seniority, fitness and ability;
fitness and ability being sufficient, seniority shall prevail,
the management to be the judge, subject to appeal, except,
however, that seniority shall not apply to the positions
listed under the 'exceptions' of Rule 1 of this agreement."
(Emphasis added).
Award Number
24342
Page 2
Docket Number MS-23830
It is our view that Rules 1(c)(3) and 8 permit the filling of the
Steno Position No. 51004 without regard to seniority. All that is required is
that the Carrier consider applicants from the pertinent roster. It is undisputed
on this record that Carrier did in fact consider all applicants, including the
three claimants herein and filled the positions with a bidder they deemed more
qualified. The rules involved require nothing more. The claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
h
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 RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
7
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Rosemarie Brasch - Administrative Assistant
Dated at Chicago, I1linois,Lhis 2'( day of
sprit 1983,
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