Upon being released for duty after being on sick leave,·the Claimant sought to exercise seniority over a junior Welder's Helper. The Carrier refused to permit the displacement, based on the Claimant's having not passed a Book of Rules test and, because of his inability to read or write English, his lack of capacity to do so.

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In support of its position, the Carrier cites operations Department Circular No. OD-14, which states in pertinent part:

All scheduled Maintenance of Way employees (except

laborers) will be required to pass biennial examination

on Rules of the Maintenance of Way, applicable Safety

Rules and General Rules, and other rules and instructions

that apply to their craft.

The Organization points out that the Claimant has held seniority as Welder Helper since April 8, 1985, and also holds seniority as Trackman, Assistant Welder, GP 3 Machine operator, and GP 4 Machine operator. The organization also argues that "Helper" should be considered in the same category as "Laborer" in reference to Book of Rules test, but there is clearly no support for this view in Circular No. OD-14.

The Carrier, however, raised no dispute as to the Claimant's existing seniority standings at the time of seeking the displacement, except to point out that the Claimant may have worked in "very large gangs". While this may be true, the Claimant's existing seniority as Welder Helper (and other classifications) is not questioned. Given this circumstance, the Referee finds no basis to prohibit the Claimant from making a displacement to which his recognized seniority entitles him.

It may well be that the Carrier, under Circular No. OD-14,`may require the Claimant (and others similarly situated) to take and pass a Book of Rules test as a condition of maintaining his position, just as is done with all other employees, other than Laborers. This, however, was apparently not done during the years

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