Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27036
THIRD DIVISION Docket No. CL-26635
88-3-85-3-383
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Baltimore 6 Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of Brotherhood
(GL-10019) that:
1. Carrier violated the Agreement when it refused to permit employe
Linda C. DiLeonardi to displace to Position No. C-866 which was held by a
junior employe.
2. Carrier shall, beginning April 6, 1984 and continuing until she is
placed on Position C-866, compensate Claimant DiLeonardi the difference in the
rate of pay of Position C-866 and the rates of pay received; compensate her
for all overtime lost and pay her at the time and one-half rate for all hours
worked outside -the assigned hours of Position No. C-866 including difference
rest days."
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 employes 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.
The chronology of events leading to this grievance are set forth as
follows:
On February 3, 1984, Claimant was displaced from her position of PICL
Clerk, Position No. C-871 by a senior employee. Pursuant to applicable Agreement procedures she gave
April 3, 1984, that she was displacing a junior employee from Position No.
C-866, Relief Assistant Chief Clerk, effective April 6, 1984. Her Supervisor
called her on April 4, 1984, and advised that she should not displce this
position because she lacked knowledge about the Baltimore Terminal Service
Form 1 Award
No. 27036
Page
2
Docket
No. CL-26635
88-3-85-3-383
Center (BTSC) operations and also ostensibly because she took off too much
time. With respect to qualifications, Carrier further maintained that she did
not possess the necessary fitness and ability to supervise the clerical personnel and lacked initiat
In defense of the petition Claimant contends that she was fully
qualified for the position, since she had previously worked four (4) of the
five
(5)
positions that were under the supervisory aegis of the Assistant
Chief Clerk. Moreover she notes that the Manager - BTSC never questioned the
other four
(4)
Assistant Chief Clerks about their knowledge of the system.
She further asserts that she had held a Lead Class Clerk position at BTSC and
had three
(3)
class clerks under her supervisory authority. In this connection, she maintains she did a "very
since her judgment, ability and knowledge and work habits were "never doubted."
In rebuttal Carrier argues that the incumbent of the position must
not only supervise the operations of the BTSC, but must also supervise other
clerical personnel and he familiar with train operations and all related yard
and agency functions. It observes that a thorough evaluation of her leadership
and supervisory abilities and experience indicates that she was not a self
starter and lacked the requisite leadership abilities needed for the position.
It cited several Third Division Awards to support its position that it properly exercised its manage
20878, 21615, 22029, 22462, 22892.
See also, Award
No. 4
of Public Law Board
No. 114
involving the same institutional parties.
In considering this case, the Board concurs with Carrier's position.
We have carefully reviewed the parties observable interpersonal relationships,
and analyzed their positional arguments within the context of Rule
30
and the
Board's prior decision on this type of issue. Accordingly, predicated upon
this assessment we find no direct or persuasive inferential evidence that
Carrier abused its managerial discretion or acted in a calculated manner that
was clearly prejudicial to Claimant's interests. As we noted in Third Division Award
22892,
a similar rule (Rule
30)
was not meant to be construed as a
strict seniority rule, rather seniority was qualified by the measured application of fitness and abi
preempt Carrier's management judgment, specifically as it relates to fitness
and ability assessment, we must defer to Carrier's decision on this point.
Based on the record, we are persuaded that Carrier acted in accordance with
the intended application of Rule
30
and was free of any discriminatory animus.
Additionally, we do not find convincing evidence that Claimant possessed the
leadership skills to fill the position.
A WAR D
Claim denied.
Form 1 Award No. 27036
Page 3 Docket No. CL-26635
88-3-85-3-383
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. r -Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.
:..ABOR MEMBER'S DISSENT TO
AWA^.D N0. 27036, DOCKET CL-26633
(REFEREE ROi:SISj
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Majcrit,: Opinion has erred in its decision to denv.
On page two, -.^. to first full paragraph, the Opinion
correctly outlines the facts of the case, which we emphasize
were not refuted. Having not been refuted, they should have
led to a sustaining opinion.
Claimant clearly had the requisite fitness and ability
for Position No. C-366, Relief Assistant Chief Clerk, and
should have been allowed to displace.
Award No. 27036 is palably in error and carries no
precedential weight.
William R. Miller, Labor Member
April 29, 1988
Date