PARTIES ) DI:OLIICrhood of nail=.,..^.;^, Airline & Stea.a__i~ CJ_c~=,s,
 'i0 ) Frcigli·t frandler:;, 8-'I)ress and Station h:,_~loy:._
 DISPU~L ) and
 Pfonon Railway
 QU::ST1G=:S
 AT ISSL: (1) Did C;.rr:i.er viol-to the provi>ion3 Of Artic1- 1.,
 Section 1, of th;: Al-ree-mcnt ~:c:: it: c':~cli:,=:cd

 i




Section 1, of the t'~."rCC:.`.e%<`. W.ienit L:iited t0 C.'
 pcnsate G. D. Dragoo, com.::;:ncin~ ?)cce,~Sar 5, 1955,
 at ttrc normz7. rate of co:~ranstion actechce. to tl:e
 position to S~ hich h2 was rec.:ularIy a-sic6n-d O
 October 1, 1964?
 (3) Shall Carries: now be rcqui*ed to proparly cc::;ncn
 sate G. is. Dragoo in accordance crith the provisio:,s
 of Article 1V, Section 1, co::~:encinL Cctobcr 29,
 1965 and for each work day thereafter that he did
 not receive compens,~tion as set forth in this l:rticle?
 OPINION,
 OF BOAPD: Claim-ant, on October 1, 19c!:., vas a protected e:.rIoyce
 regularly assign-d t0 the S":oroll-c.eper po-sition a`.:. B100:ninoton.
 r
 On October 22, 7.96u, this position was abolished. _,Lt_=ouRh ha
 had not previously worked in, a frei.-nt office nor performed
 any of the duties of a rate clerk, n--vevtheless, he So?-g;a 10 d7.SYlaCe on the
 Rate Clerk's position at Bloomington. Despite his Jack of knowle6ge of the
 duties involved in this position, he was permitted to demonstrate his firmness
 on the position for several days. However., on November 1, 1955, the Age-t
 disqualified him. Upon failure to displace or. other po::itions in his seniority
 district, he was furloughed.

 Thereafter, he attem=pted to qualify for a Cashier position which was expected to become vacant shortly. Here, too, he wa.s found w-.1:ting. and the incumbent of the Rate Clerk position, was then assigned to fill it, as he had previously worked such position. Consequently, the Rate Clerk position was again vacant.
On Daceniber 2, 19.65, as the only bidder on the vacant Rate Clerk position, Claimant was awarded the bid despite his previous disqualification and continued lack of knowledge in the position.
a violation of Article IV, Section 1, of the February 7, 1965 National
 me at . The ?.~ree-
 basis for th.c OrZani.za Lion's claim is Predicated o:; t;:: t con tion which provides "- - - shall 1:02: be placed in a -wo'zse position

Article 1I, Section 1, o= the ha tio:l:a fa;reu:.:::nt, t.G wi'_: ".'..t ct..~7.oy':~
 s i1a17. ccc;se to be a protectod c,:;)iG;'a~ i.n c,.s.^^ of ·. -. .. fa.1,r.e G~: rGS.:.1r.

 Or Obtain ., r)9: at1011 a\'.a tl..`:IO.,C t0 hY :1 is tl::: C:iEi:CU.::^ G° ll.`·.E ::Ga:.(.Ti.i:~Jri.1;11i.S --.. aCCOi:c7_rc('.C t:ith C::iStil<<°, rU1CS - .. ." ).n Oi:(JCf' i:0 .>J'p'·_u t1:?.0 COIitCtlt101:, the GCri.'7.C1' a).).C(;'u3 Lh,:;C :.:._ (,'!.i:.i~:ciot c:Olt7.d l:._\'L. (i1C:yJ.;CCG C': a nU',:liJCr of positions in 1115 .>Ci'ti0'f.i-ty di.Si:r1Ct. It S1~EC=.i::.G::7.7.j C'.S1U..;~::F:::Cd the C:livf C;:cta Ca11cr pasi.ti.on, Gene-,.7_ C1r.:i;··Ty?io: ov:.i`~:.o:1. _.i.ch _.. a retii:liuC of his forl..ar position vi Bill c:,ncl Votlccor Cler:. and h;.c~e1 Sao? Clerk pOSltiOlly all as TFti:)'CttC; "as t:'·ClJ . ...> several ~l.Ci.Gi;S G. Yard Clerk at other points ill his seniority district on 47.1iC hJh i. COU1d h.'.:Vi: Gl:alified in a very short time."

 Thos, two issues a5:e raised by the Carrier's inr:ocuo~s scalle
 hCnt that the C1ai(;:,-1nt could 11aV.?. in a very 7C,
goes to the crux o: the ?roblcn hercia, thereby the 0_Cnr:i.zaLlo-: i_1·~ists ti:a
 in a "very short time" the C1aim-nt cot:ld, also have n tea7.ii::d on .,::e :._.,:~ C1erk
 position which was denied him. V;:,i1c it rr:_:y have been 11Gs:;i1)1.: f,r ,.._ C1c:is:..ant
 t0 have acquired the ability t0 perf0:::1 tiiC Rate G7.CriC pG.">it7_O': O'_u :;.~"JC::bi:i: 1, c · ~>nr ,~ >_
 1965, iovU).C 8 Oi the effCCL'7_VC c.,~_CC~',~.,::",;., pi.'GV:.C.CS ru.Or ti1:: li::ili'!.=';:10 : Of t1:C
 factors of seniority, fitrtcss and t:vility, Witll, to L-0 1:11-e
 subject to a?peal. Despite tile ri.l;lit of .^.r)pe21, tile record is b:::rcn of any
 dispute regarding ,fan: genlent's decision not to award the Rate Clerk's T)3--5tion
 to Claimant based on lack of ability.

              t

Tne second element is contained in the Oz~rr.iliuacicn's .';parent restriction of the availability of the Claimant from dia?laci.r.S ca a ,,osi_ti-cn at other locations in his seniority district. ine Ca:.rrier has a17.cZed ta:_t a number of positions v:ere available at Lafayette on which thC1air.a.:lt could have exercised displacement rights. In this posture, va are constrained to support the Carrier's decision in viet·: of Award Nos. 3:, 45 and others.

                          Award

                                                ·


            Answer to Questions (1), (2) and (3) is in the negative.


                                  ~i


                    (urray 11. Rohman

                    Neutral vlember


Dated: F'ashinStan, D. C.
      November 17, 1969