SPE6IAL BOARD OF ADJUSTMENT N0. 1016
Parties
to the
Dispute
BROTHERHOOD
OF
MAINTENANCE
OF WAY
EMPLOYES AS THE REPRESENTATIVE
OF
H.V. MAGNUSON
CONSOLIDATED RAIL CORPORATION
EMPLOYEES' STATEMENT
OF
CLAIM
Case No. 59
Aw
0 . ~~/
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement
when it failed to allow Claimant Magnuson
the opportunity to qualify for B&B Mechanic
position in accordance with Rule 3, Section
2. (MW-716)
(2) Because of the aforesaid violation,
Claimant Magnuson shall be compensated
all wage loss suffered beginning July 24,
1989.
OPINION OF THE BOARD
Claimant H.V. Magnuson holds seniority in the
Track Department as a Class I Machine Operator on the
Alleghany 9 Seniority District. On August 7, 1989, Carrier
i o i co
-~
advertised, by posting Bulletin No. 007, the position of B&B
Mechanic assigned to the Showville Gang in the Alleghany B
Seniority District. Claimant was not awarded the position
or allowed to demonstrate his fitness and ability to qualify
on the position. Instead, a B&B Mechanic from Alleghany A
with no Alleghany B seniority rights was awarded the position. A claim was filed contending that Carrier had
violated Rule 3, Section 2, of the Agreement. The claim was
denied and has been placed before this Board for resolution.
RULE 3, SECTION 2
Section 2. Qualifications for positions.
In making application for an advertised
position or vacancy, or in the exercise
of seniority, an employee will be permitted, on written request, or may be
required, to give a reasonable, practical
demonstration of his qualifications to
perform the duties of the position.
Carrier takes the position in this instance that
Claimant vas not a qualified bidder for the B&B Mechanic
position and that he did not request an opportunity in
writing to give a demonstration of his ability to perform
the duties of the position.
" _3-
This Hoard has reviewed the record, as well as
Third Division Award 27631, Referee Zusman, wherein the
Referee stated that "Rule 3, Section 2, is specific as to a
'written request' which must be made in addition to the
application for an advertised position."
In accordance with basic labor relations principles, this Hoard is compelled to follow the decision
rendered by Referee Zusman in Award No. 27631. The Hoard is,
denying the instant claim based solely on the fact that
Claimant did not request in writing an opportunity to
demonstrate his ability. Based on the Zusman Award, this
Board concludes that a request to qualify must be made in
writing separate from the bid.
AWARD
The claim is denied.
T
R.E. Dennis, Neutral Member
S.V. Powers, Labor Member .H. Bu on, a ier ember
/-io-9a