NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25994
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
(Former Penn Central Transportation Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to post
Advertisement No. DE 81-153 dated December 3, 1981 at the headquarters
(Holtwood, Pennsylvania) of Mr. A. L. Jefferson and as a consequence thereof,
awarded the position advertised thereby to an employe junior to Mr. A. L.
Jefferson (System Docket CR-152).
(2) Because of the aforesaid violation, Mr. A. L. Jefferson shall
be awarded the position of machine operator-welder helper advertised by Advertisement No. DE 81-153
beginning on the date the junior employe was assigned and continuing until the
position is awarded to the claimant."
OPINION OF BOARD: The instant Claim arises out of a contention by Claimant
that Carrier failed to properly post a job advertisement at
the Claimant's Headquarters (Holtwood, Pennsylvania) and that, as a result,
he failed to see the advertisement and was denied a chance to bid. A junior
employe was awarded the job. The job in question was a Machine Operator
Welder Helper.
Carrier contends that it did properly post the job. Claimant
contends otherwise. A review of the record and the correspondence exchanged
on the issue does not contain sufficient probative evidence to support either
Carrier's or Organization's position. When such irreconcilable differences
occur, such claims have traditionally been dismissed by this Board. We see no
basis to do otherwise in this instance.
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 Claim should be dismissed.
Award Number 26428
Docket Number MW-25994
Claim dismissed.
Executive Secretary
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of August 1987.