Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28642
THIRD DIVISION Docket No. CL-28833
91-3-89-3-340
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10378) that:
1. Carrier violated the effective agreement when it failed to assign
Mr. E. Pollard to the position of Valuation Accountant, Position No. 547,
effective May 3, 1988, but rather employed the services of an outsider having
no antecedent seniority for this position.
2. Carrier shall now compensate Mr. Pollard eight (8) hours' pay at
the rate of Position No. 547, less the amount already paid, for May 3, 1988,
and for each and every day thereafter that he is denied the position claimed."
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 ocappearance at hearing
thereon.
This is a fitness and ability dispute that arose because the Claimant
was not awarded Position No. 547, Valuation Accountant. The qualifications
for that position require, in pertinent part, a BS with a major in accounting
or equivalent training and experience and a "thorough knowledge and understanding of the t
The record shows that the Claimant filed a similar Claim in late 1985
for a position of Valuation Accountant. Public Law Board No. 4247, Award 3
held that the Claimant did not demonstrate sufficient fitness and ability to
be selected for the position of Valuation Accountant. The Claimant did not at
Form 1 Award No. 28642
Page 2 Docket No. CL-28833
91-8-89-3-340
that time, nor does he now possess a BS. With respect to his experience, the
record shows that his work experience since Award 3 of PLB No. 4247 was not of
the type and quality to show that the Carrier's judgment was wrong.
Accordingly, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1991.