Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27631
THIRD DIVISION Docket No. MW-27103
88-3-86-3-161
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed and refused to
award the position of lubricator maintainer, as advertised by Advertisement
No. 56 dated November 20, 1984, to Mr. J. P. Daugherty (System Docket CR-1388).
(2) Because of the aforesaid violation, Claimant J. P. Daugherty
shall be permitted to demonstrate his qualifications to perform the duties of
a lubricator maintainer. If successfully demonstrated, he shall be awarded
the position of lubricator maintainer with seniority as such dating from
December 17, 1984 and he shall be compensated for all time expended by others
on the position referred to in Part (1) hereof."
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.
Claim before the Board centers upon the issue of whether Carrier violated the Agreement when it
employee junior to the Claimant. The Claim is focused upon Rule 3, Section 2
which states in pertinent part:
"In making application, or in the exercise of seniority, an employee will be permitted, on writt
the duties of the position."
Form 1 Award No. 27631
Page 2 Docket No. MW-27103
88-3-86-3-161
It is argued by the organization that neither employee possessed
seniority in the classification of Lubricator Maintainer. Claimant was clearly the senior applicant.
the position, in which he was clearly not qualified, must be viewed as a request to demonstrate his
the junior employee was awarded the position in violation of the Agreement.
It is the position of the Carrier that the Rule clearly requires two
acts, an application for the position and a written request to demonstrate
qualifications. The Claimant made no written request and the junior employe
was qualified as a Lubricator Maintainer.
As a preliminary point, this Board finds no procedural violation and
will not address issues and argument which were not raised on property.
Considering the case on merits, Rule 3, Section 2 is specific as to a
"written request" which must be made in addition to the application for an advertised position. The
make a written request. Making application for the position does not necessitate or require the empl
There is no denial in the record that the junior employee was qualified as a Lubricator Maintain
that the Claimant was qualified. If he chose to demonstrate his qualifications, he had to make a wri
26595). In the instant case, no Agreement violation can be found.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. /D - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1988.