NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25136
Thomas F. Carey, Referee
(Brotherhood of Maintenance of Way Dmployes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the position of specialized gang
foreman as advertised by Vacancy Bid N2 was awarded to an applicant junior to
Foreman T. V. Edwards (System File MW-82-14-CB).
(2) Because of the aforesaid violation, the claimant shall be
awarded seniority as a specialized gang foreman dating from January 27, 1982
and he shall be allowed the difference between what he earned in a lower rated
position and what he should have earned as a specialized gang foreman during
the period January 27, 1982 through May 28, 1982, both dates inclusive."
OPINION OF BOARD: Claimant submitted an application for the position of
specialized gang foreman on an Extra Gang. Another foreman,
junior in seniority, was assigned to the specialized gang foreman's position,
and this is the basis for the dispute.
While the record clearly shows the Claimant to have seniority, it
also shows that in relation to the establishment of specialized production
gangs, Management is to be the judge of credentials of applicants for those
positions. Section 2(c) of the Memorandum of Agreement, dated January 11, 1982
states that:
"This position will be bulletined and assigned to the senior
applicant when experience and ability are equal. Management to be
the judge."
The foreman assigned to the specialized production gang had held that
position for over a year and there is nothing in the record to indicate that
the Carrier gave less than careful consideration to each of the employes' work
experience, personal records, and their ability to keep and maintain records.
In the Carrier's judgement, it had reasonable grounds to find the Selectee the
more qualified and experienced of the two applicants. The decision is found to
conform to the requirements of both Article 2(c) and Article 8 of the Agreement.
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 25006 Page 2
Locket Number MW-25136
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 : ,
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.