Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27337
THIRD DIVISION Docket No. SG-26687
88-3-85-3-500
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago 5 North Western
Transportation Company:
On behalf of C. S. Kocian for the difference between the pay of a
Signalman and a District Signal Foreman, in addition to all other pay he has
received, commencing on July 16, 1984 and continuing until claim is settled
account of Carrier violated Appendix 'A', when it promoted a junior employee
to position of District Signal Foreman. General Chairman file CNW-G-AV-47.
Carrier file 79-84-17."
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.
At the time this dispute arose, Claimant was the Leading Signal Maintainer at Lake Interlocking
position of District Foreman became available. Claimant bid for it, but the
post was given to D. C. Corcoran, a junior employee.
As a result, the organization filed the instant claim. Carrier
timely rejected it. Thereafter, the dispute was handled in the usual manner
on the property. It is now before this Board for adjudication.
The organization contends that Claimant has at least equal training,
ability merit and fitness as a successful bidder. In support of this contention, it points out that
many years, ran the Lake Street crew for eighteen months and has engaged in
other tasks which amply qualify him for the job. Under these circumstances,
the organization submits, Claimant's seniority requires that he be awarded the
position, pursuant to Rule 9 of the Agreement. Therefore, it asks that the
claim be sustained in its entirety.
Form 1 Award No. 27337
Page 2 Docket No. SG-26687
88-3-85-3-500
Carrier, on the other hand, argues that it is free to select the best
qualified candidate. In its view D. C. Corcoran was better qualified than
Claimant, since he understood circuitry better than Claimant and could read
blue prints better than Claimant. Thus, Carrier asserts it properly rejected
Claimant's bid. Therefore, it asks the claim be denied.
A review of the record evidence convinces this Board that the claim
must fail. Appendix A, Paragraph 9 permits the "appointment from the signalmen's class of the indivi
added.) Clearly, Carrier made reasonable judgment that D. C. Corcoran was
better qualified than Claimant. It determined that Claimant was less able to
read blue prints or understand circuitry than the successful bidder. Clearly,
these are relevant considerations for the position in dispute. Thus, Carrier
was neither arbitrary nor capricious in determining that D. C. Corcoran should
be awarded the post.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
01
Attest:
cy . D Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.