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assignment in his own class. Rule 504(b) clearly contemplates that once a signal employee satisfactorily completes the probationary period in the promoted class and obtains seniority as a Signal Foreman, the employee does not forfeit Foremen's seniority if the Carrier subsequently disqualifies the employee from a Signal Foreman's position.
The seniority forfeiture provision contained in Rule 504 (a) applies only to an employee who accepts a "promotion" and then fails to qualify before the expiration of the 30 day trial period. The phrase "accepting promotion" means the first time a signal employee is awarded a position in a higher classification (in which he holds no seniority) than the employee currently occupies. Furthermore, Article V(b) defines "promotion" as the advancement from a lower to a higher seniority class. When Claimant was disqualified from the Signal Foreman's position on March 8, 1990, he was not being disqualified from a position to which he had been promoted. Rather, the position was available to him in the normal exercise of his seniority rights through the bulletin and bidding process because he had already attained seniority in the class of Signal Foremen.
Therefore, Claimant was governed by Rule 504 (b) as opposed to Rule 504(a). As a consequence, the Carrier must reinstate Claimant's seniority in the Foreman class.
While Claimant requests that he should be placed on a Foremen's position in seniority order ahead of signal employees who do not hold seniority in the Foremen's class, the record reflects that Claimant was not qualified as a Signal Foreman in February 1991. The Board can presume that in February 1991, Claimant continued to be unqualified for a Signal Foreman's position pursuant to his disqualification back in March 1990. Indeed, this Board has already passed judgment on the Carrier's decision to disqualify him in March 1990. Claimant has not come forward with any evidence exhibiting that he possessed the ability to become qualified for the Foremen's job within the qualifying period. He held the same credentials and capabilities in February 1991 that he held in March 1990.
However, the carrier shall reinstate Claimant's Foreman seniority without impairment and he may bid on new positions or vacancies per Rule 504 (b) provided he upgrades his skills and abilities. If Claimant is a successful bidder, the Carrier will thereafter determine if he is currently qualified for the particular position on which Claimant places himself. If Claimant disagrees with the Carrier's decision, he may file a claim appealing the decision. Form 1 Award No. 31062
In summary, the Board denies the portion of the claim requesting that Claimant be placed on a Foreman's position and awarded backpay, but we sustain the claim to the extent that Claimant still holds seniority in the Foremen's class which he originally established on May 10, 1979.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.