(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Denver and Rio Grande Western Railroad Company


1. Carrier violated Rule 3(c), 8 and other related rules of the Agreement, when on February 24, 1983 the Carrier hired Mr. J. L. Parmley as a new employe instead of utilizing Mr. C. Simpson, already employed by the Carrier.
2. Carrier will now be required to place Mr. C. Simpson on the
 M. I. S. Seniority Roster ahead of Mr. Parmley, also to pay any differential in
 pay that is involved. Commencing February 24, 1983 and to continue until this
 claim is resolved.
OPINION OF BOARD: The Organization contends that the Carrier violated Rules
 3(c) and 8(a) when they hired J. L. Parmley on February 24, 1983, as a Computer Operator instead of utilizing Claimant Simpson in the M.I.S. Department. The job had been bulletined as Senior Operator 238 February 6, 1983, and the Organization contends that the Carrier's requirement that applicants have "no less than one year actual experience as an Operator" arbitrary and capricious and designed to exclude current employes from the position. The Carrier rejected Claimant's bid, determined that there were no qualified bidders and hired from outside.




Rule 8(a) states that employes entitled to bulletin positions will be allowed 30 days in which to qualify. The Carrier refused the Organization's request that Claimant be given a test for Computer Operator in order to demonstrate his "skills and aptitude to handle this fully covered position".
Rule 6(a) states that "...promotion, assignments and displacements shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail...". Rule 9 reads, "Employees filing applications for positions on other districts or on other rosters will, _if they possess sufficient fitness and ability, be given preference over non-employees."
                    Docket Number CL-25754


There was no evidence that any employe had ever been assigned the sought job without having had prior experience of at least a year.
The evidence further establishes that this experience requirement is reasonable. There is one Operator on duty per shift and an applicant must have prior knowledge of the work in order to perform alone on computers which involve the Carrier's Main Frame. The job required that the Operator run the computer, respond to computer request problems and correct errors.
Claimant does not have the one year actual experience required. Claimant's work for nine months in a Country Sheriff's Department and as a Relay Operator for the Carrier does not constitute equivalent experience. Since Claimant Simpson does not have the fitness and ability required to meet the basic qualifications for the job, she need not be given a trial based upon her seniority. See Third Division Award 21243. The preference accorded applicants from other seniority districts by Rule 3(c) does not vitiate the fitness and ability requirements of Rules 6(a) and 9.
        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.


                        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 28th day of June 1985.