Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28644
THIRD DIVISION Docket No. CL-28859
91-3-89-3-373
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-10385) that:
1. Carrier violated the effective agreement when it failed to permit
Mr. Thomas E. Maher to exercise seniority over a junior employe, thereby denying him the opportunity
#547.
2. Carrier shall now compensate Mr. Maher eight (8) hours' pay at
the rate of Position #547, less the amount already paid, for June 13, 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 of appearance at hearing thereon.
This dispute arose because the Claimant was not permitted to displace
a junior employee from the position of Valuation Accountant. The posted qualifications for that <
accounting or equivalent training and experience" and a "thorough knowledge
and understanding of the theory and principles of accounting, including introductory, intermediate a
The record shows that the Claimant was awarded a Bachelor's Degree in
Business Administration in 1977. He completed two accounting courses with a
grade of D. With respect to his work experience, we agree with the Carrier
that it was not of the type necessary to prepare him for the position of Valuation Accountant. The C
long been held, will not be disturbed unless it is shown that such determination was arbitrary or ca
Claim and it is therefore denied.
Form 1 Award No. 28644
Page 2 Docket No. CL-28859
91-3-89-3-373
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1991.