Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28215
THIRD DIVISION Docket No. MS-27783
89-3-87-3-271
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Patricia C. Wilkins
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
1. Whether under Exhibit A, Letter No. 11 of the Agreement between
Amtrak and the Brotherhood of Railroad Signalmen, (dated 8-12-82), Stanley
Green and properly awarded the position of Electronic Technician
Communications on May 27, 1986, instead of Patricia C. Wilkins.
2. Whether Mr. Green under Section D of Exhibit A was knowledgeable
in electronic theory and possessed the requisite capabilities of successfully
completing a training course based on past work experience and individual
qualfications.
3. Whether Patricia C. Wilkins was knowledgeable in electronic theory
and possessed the requisite capabilities of successfully completing a training
course based on past work experience and individual qualifications.
4. Whether Mr. Green should be paid at the Electronic Technician Communications rate without hav
5. Whether, in this case, ability and fitness prevails over seniority
as set forth in Article 4, Section 18, Paragraph A, of the Brotherhood of Railroad Signalmen's Blue
6. Whether the Electronic Technician Communications position advertisement (Bulletin #2223) accu
Green was selected; and if so, whether Mr. Green was properly selected or
whether Patricia C. Wilkins should have been selected.
7. Whether Patricia C. Wilkins should be placed in the Electronic
Technician Communications position
and
whether she
should
receive
back pay
from the date Mr. Green was promoted to the Electronic Technician Communications position."
FINDINGS:
The
Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
Form 1 Award No. 28215
Page 2 Docket No. MS-27783
89-3-87-3-271
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.
In this case Claimant filed an individual appeal of Carrier's award
of a posted position of Electronics Technician Communications to a senior
bidder. In addition to asserting her own fitness and qualifications, Claimant
maintained that the senior bidder who was awarded the position lacked the
requisite fitness and ability to warrant invocation of his seniority under
Article 4, Section 18(a) of the Amtrak/BRS Agreement.
"Section 18
(a) Assignments to positions in the leading maintainer, leading signalman, signal maintainer, T.
maintainer, telegraph and telephone maintainer, signalman, assistant signalman or helper classes sha
based on ability, fitness and seniority; ability and
fitness being sufficient, seniority shall govern."
Claimant seeks retroactive placement in the position of ETC together with a
monetary award of differential earnings.
There is no factual support for this Claim in the record before us.
Claimant was the junior of the four (4) bidders for the new position in May
1986, none of whom ever had worked as an ETC. Previously Claimant had taken a
qualification test for this position in March, 1986, and achieved a 76 percent
score. The senior bidder failed the test in May, 1986, but the next most senior bidder, S. Green, ac
S. Green as the most senior qualified bidder who demonstrated sufficient fitness and ability for tra
her desire to get ahead and she evidently possessed sufficient fitness and
ability for the position if she had been the only applicant. But the senior
bidder also possessed the requisite fitness and ability. This entitled him to
the position even if, arguendo, Claimant was correct in her assertion that she
was "more qualified."
A W A R D
Claim denied.
Form 1 Award No. 28215
Page 3 Docket No. MS-27783
89-3-87-3-271
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:~
'Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1989.