(a) Promotion shall be based on ability, qualifications, and capacity for greater responsibility and where these requirements are sufficient, seniority shall prevail.

(b) Positions of foremen and supervisors will be filled by promotion of available qualified employes. Positions of foremen or supervisors, or other positions that are not filled through bulletining to employes in seniority class, will be filled from available qualified employes in the other classes of the seniority group, and in the event not so filled will be filled from available qualified employes in the other groups of the subdepartment, and where ability and qualifications are sufficient, seniority shall prevail, the Management to be the judge with respect to positions covered by this section.

RULE 20. BULLETINING POSITIONS-VACANCIES

(c) When no bids are received from employes regularly assigned in the class, the senior unassigned employe in the class whether furloughed or working in a lower class, will be assigned. In the event there are no furloughed or unassigned employes in the class, the vacancy or new position may be filled in accordance with the provisions of Rule 19(b)."

The Carrier does not challenge the Claimant's "ability and qualifications" as a Welder Helper. In the claim handling procedure, the Carrier concerned itself with the Claimant's "unavailability" because of his attendance record in the period immediately prior to the bulletining of the Welder Helper positions. This appears to be concerned with his travel with his wife, who was the President of a Carrier-sponsored organization, the Junior Old Timers Club. The difficulty with this argument is that the Carrier not only approved the Claimant's travel, but continued his regular pay during such travel. Reference was also made to the Claimant's work time spent on "Union business." The organization states that some of this time may well have actually been connected with the Junior Old Timers Club. In any event, the organization correctly notes that the Carrier may not penalize an employee for exercise of union responsibilities, as provided in Rule 47.

In its submission to the Board, the Carrier argues as to the Claimant's lack of "capacity for greater responsibility," as referenced in Rule 19. As the Organization points out, a full examination of the on-property Carrier appeal responses shows no reference to this point. As such, it is a new argument and not properly before the Board.

Beyond all this, the Carrier has totally failed to show that the claimant lacked "sufficient" ability and qualifications. On this basis, the Claimant was improperly denied his seniority right to the Welder Helper position. He is entitled to the requested seniority ranking. In addition, the Claimant shall receive the pay requested to the extent that his pay as Welder Helper would have exceeded pay he has received since April 30, 1990. This shall continue until he is placed in a Welder Helper position to which his seniority entitles him or until he indicates he does not wish to leave his present assignment.

AWARD