Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27144
THIRD DIVISION Docket No. CL-26369
88-3-85-3-149
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood (GL-9991)
that:
1. Carrier violated the effective Clerks' Agreement when effective
on April 9, 1984, it refused to permit Mr. Edward Pollard to exercise his
seniority over a junior employe to acquire Position No. 30;
2. Carrier shall now compensate Mr. Pollard for the difference
between the rate of his position, timekeeper, and that of Position No. 30,
Chief Clerk Car Accounting, for April 9, 1984, and for each and every day
thereafter that a like violation exists in that he is refused the right to
fill Position No. 30."
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.
Claimant was at the time of the incident that gave rise to this
dispute employed as the Assistant Bookkeeper. His job was abolished and he
attempted on April 9, 1984, to displace the Chief Clerk (Position No. 30) in
the Car Accounting Department. Carrier did not allow Claimant to displace
into that position because, according to the Manager of Revenue and Car
Accounting, he was not qualified to perform the work of Chief Clerk. A claim
was filed contesting that decision. That claim is the substance of this case.
Form 1 Award No. 27144
Page 2 Docket No. CL-26369
88-3-85-3-149
This Board has reviewed the record before it and based on that record
must conclude that Carrier was correct in its decision to deny Claimant the
right to displace the Chief Clerk. Carrier evaluated the Claimant's abilities
in a comprehensive and complete manner. It reviewed his past work performance
as well as his recent work performance. Based on that evaluation, it was concluded that Claimant was
This Board finds no basis on which to decide otherwise.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
K2"t'.0eW.- .
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.