Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26787
THIRD DIVISION Docket No. CL-26393
88-3-85-3-313
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10009) that:
1. The Carrier violated the Clerks' Rules Agreement when it called
Clerk Gorsage from Master Seniority District
No. 1
to work vacancy of Correction Clerk in Master Seniority District
No.
3, instead of calling Claimant, a
Master Seniority District
No.
3 Clerk, who was rested, first out on the Extra
Board and available to protect the vacancy.
2. Carrier's action is in violation of Rules 4, 5, Memorandums of
Agreement
Nos.
13 and 35 of the Agreement between the parties.
3. Carrier shall now be required to compensate Claimant M. L. Volner
for one days pay at the pro rata rate of Correction Clerk, Comptroller's
Office, for each date August 29, 30, September 3, 4, 5 and 6, 1984."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a fitness and ability claim which arose after the Carrier
filled a temporary vacation vacancy of Correction Clerk in the Comptroller's
Office, Granite City, Illinois. The Carrier called an Extra Board employee
off Seniority Roster
No.
1, rather than calling the Claimant, who held seniority on Seniority Roster
No.
3 where the vacancy occurred.
The Board observes that both parties have brought forward matters in
their Submissions to this Board which were not addressed on the property.
Therefore, these may not be considered in our deliberations.
Form 1 Award No. 26787
Page 2 Docket No. CL-26393
88-3-85-3-313
It is apparent that the Claimant was first out on the Extra Board of
Seniority Roster No. 3 to be called for vacancies. However, the key issue is
not one of seniority or whether the person selected was or was not qualified.
Rather, it is whether the Claimant was qualified. In this instance, it was
established that Clerks work on both Roster 1 and 3 positions, although their
seniority may be on only one roster. The Carrier has maintained throughout
the handling on the property that the Claimant did not meet the test of fitness and ability. The bur
establish that he does possess sufficient qualification to perform the duties
of Correction Clerk. Here, the Claimant has made assertions, but has not come
forth with specific facts to specify the knowledge, skills and abilities
possessed by him are appropriate to the requirements of the position at issue.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.
Vf
- Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.