NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26226
Herbert L
. Marx, Jr., Referee
(J. H. Johnson
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway
( Company
STATEMENT OF CLAIM: "Claim of J. H. Johnson that:
(a) Carrier violated and continues to violate the rule of the current
Clerks' Agreement at Los Angeles, California, commencing on June 24, 1983,
when D. V. Boyer was assigned to Stenographic Position No. 6007, and
(b) Mr. J. H. Johnson shall be assigned to Stenographer Position No.
6007 and shall be compensated for eight (8) hours' pay each work day of Stenographer Position No. 60
other compensation he may have received commencing June 24, 1983, including
interest payable at the prevailing prime rate, covering such loss and continuing so long as he is wr
6007."
OPINION OF BOARD: This Claim must be considered in conjunction with Third
Division Award No. 26370, which concerns the same Claimant
and is incorporated
here by
reference.
Shortly after being disqualified for Position No. 6153 (as reviewed
in the above cited Award), the Claimant bid on a posted position of Stenographer, Position No. 6007.
the Claimant, and the Claimant contends that his seniority should have been
honored to permit him to gain the position.
The Board does not concur with the Carrier's view that, once the
Claimant was disqualified from a previous stenographer position, he must be
considered permanently disqualified for any similar position. In this instance, however, the Carrier
one month -- the Claimant had done nothing to improve his skill and ability to
equip him to be qualified. The Claimant brought forth nothing to indicate to
the contrary.
The Carrier acted within its authority under Rule 9 to determine in
this instance that the Claimant did not have "sufficient fitness and ability",
to be considered for Position No. 6007.
Award Number 26371 Page 2
Docket Number MS-26226
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
i
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois this 25th day of June 1987.