Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32624
Docket No. MW-31233
98-3-93-3-155
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, on March 25, 1992. the Carrier
awarded a Rail Train Supervisor position to junior Machine
Operator M. G. Ramirez. III instead of Mr. T. D. Galvan. who was
the senior applicant and available and willing to be assigned thereto
(System File MW-92-84/MofW 92-51 SPE).
(2) As a consequence of the violation referred to in Part (1) above, Mr.
T. D. Galvan shall be assigned to the Rail Train Supervisor's
position and compensated the difference in rate of pay between that
of a machine operator and that of Rail Train Supervisor and all
overtime beginning March 15. 1992 and continuing."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21. 1934.
Form 1 Award No. 32624
Page 2 Docket No. MW-31233
98-3-93-3-155
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On February 10, 1992, the Carrier and Organization entered into a letter
agreement establishing a position designated as Rail Train Supervisor. That letter
agreement provided:
"In conference today, it was agreed the Company may established
a position designated as `Rail Train Supervisor,' with a rate of pay of
$2765.94 per month, which may be used over the Southern Pacific (Eastern
Lines) and the St. Louis Southwestern Railway Company.
This position will be headquartered in Houston, Texas, and will be
bulletined on both the Southern Pacific Transportation Co. (Eastern Lines)
and the St. Louis Southwestern Railway Company to employees holding
machine operator seniority.
Applicant must have the ability to operate, maintain and move the
power and all ramp cars around the SP Eastern Region and SSW Rwy.
Co. Applicant must also possess the ability to train and supervise all
loading and unloading of new and used rail. safely.
Assignment will be made in accordance with seniority, fitness and
qualifications. However. Management to be the judge, subject to appeal."
Mr. T. D. Galvan. the herein Claimant, bid on the newly established Rail Train
Supervisor position. Galvan at the time. it is apparent from this record, possessed the
"ability to operate, maintain and move the power and all ramp cars." Also, he possessed
the "ability to train and supervise all loading and unloading of new and used rail,
safely." These were the special qualifications. prerequisite for consideration for
assignment agreed upon by the parties in the February 10. 1992 letter agreement. That
agreement did not grant Carrier the privilege of assigning the job to the most qualified
individual that applied. Nonetheless. Carrier gage the job to junior employee. Mr. M.
G. Ramirez. Ill, on the stated contention that "he was the most qualified individual to
supervise the train."
Form 1 Award No. 32624
Page 3 Docket No. MW-31233
98-3-93-3-155
The February 10, 1992 letter agreement did not provide that the most qualified
individual would be assigned to the newly created Rail Train Supervisor position. The
last paragraph of that agreement provided that assignment would be made in
accordance with seniority, fitness and qualifications. It has not been established that
Claimant did not possess the seniority, fitness and qualifications for the position.
Furthermore the February 10, 1992 letter agreement cannot fairly be read that the
parties intended that the job go to the most qualified applicant. Accordingly, the
agreement was violated when Carrier selected a junior employee it believed to be most
qualified for the position.
The agreement was violated. The claim will be sustained.
AWARD
Claim sustained.
ORDER
This Board. after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimants) 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Third Division
Dated at Chicago, Illinois, this 23rd day of June 1998.