This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
On September 14, 1994, the Carrier bulletined the position of Inspector, Symbol No. C-235. Thereafter applications were received from 16 individuals, including the Claimant and M. Berko. The Carrier thereupon determined that there were no qualified bidders and on September 28, 1994 bulletined the position again. Subsequently, the applicants were scheduled for testing and interviews. However, the Claimant neither took the test nor appeared for the interview. Moreover, of the remaining 15 applicants only ten participated in the testing and interviewing process and the position was subsequently awarded to M. Berko, the most senior applicant of those who took part in the testing and interview process.
There is no question, nor is the claim made herein, that the Carrier has the right to make a determination whether bidders for a position have established their qualifications for a bulletined position. In addition, a review of the governing contractual provisions involved in this dispute clearly shows that once the Carrier has determined that there are no qualified bidders to whom a position must be awarded, it may test and interview to determine which of the remaining bidders is entitled to the position in question. In the instant matter the Carrier did just that. Moreover, the Claimant effectively removed himself from consideration when he did not participate in the testing and interviewing process.
Finally, the Claimant had no claim to the position in question because he had no seniority as an Inspector and he may not claim any seniority in that higher classification merely because he possessed seniority in a lower classification.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.