SPECIAL BOARD OF ADJUST.WNT N0. 1016

Parties to the Dispute

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

VS.

CONSOLIDATED RAIL CORPORATION

STATE'B:NT OF CLAIM

The Carrier violated the Agreement when it assigned junior Trackman Crowley instead of Trackman M. Vodhanel to perform timekeeping work on CAT-253 Gang and compensated him therefor at the Class 2 machine operator's rate, beginning April 1, 1985.

Trackman M. Vodhanel shall be allowed the difference between what he was paid at the trackman's rate and what he should have been paid at the Class 2 machine operator's rate and overtime pay equivalent to that paid to Trackman Crowley beginning April 1, 1985 continuing until the violation is terminated.

OPINION OF THE BOARD

Case- No. 25

Claimant M. Vodhanel holds seniority as a Class 2 Machine Operator, Assistant Foreman, and Foreman, as well as a Trackman. At the time of the incident that gave rise to this dispute, Claimant was employed
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as a Trackman on Gang CAT-253. On April 1, 1985, Carrier established a Timekeeper Position on Gang-253. Claimant was not awarded the job, even though he applied for it. A less senior employe who only held Trackman's seniority was placed in the position.
This Board has reviewed the record and we are not persuaded that Claimant was properly evaluated in terms of fitness and ability to perform the timekeeping duties given to Mr. Crawley, a less senior employe. Carrier did not give Claimant a chance to demonstrate his ability to perform the work, nor did it indicate in the record any reason why it concluded Claimant could not properly perform the job in question other than to say that Crawley could do it better.
Carrier cannot arbitrarily assign less senior employes to preferential jobs without regard for seniority and fitness and ability of other available employes. Carrier must present more than just a blanket statement that the more senior employe is not qualified. It must present probative facts to support its position. It has not done so in this instance.

R. O'Neill, Carrier Me ber

Date of Adoption

AWARD

The claim is sustained.

E. Dennis, Chairman

S. V. Powers, Employe Member