SPECIAL BOARD OF ADJUSTMENT N0. 1016
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYES AS THE REPRESENTATIVE OF : Case No. 76
Parties
to the J.J.Saggese, Jr.
Dispute
VS. .
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM
ti) The Carrier violated the Agreement
when it failed to allow Claimant J.
J. Saggese, Jr. the opportunity to
qualify for Class 2 and Class 3
positions in accordance with Rule
3. Section 2.
c2) Because of the aforesaid violation,
Claimant Saggese shall be given
seniority rights.
RULE 3, Section 2
Qualifications for Positions
In making application, or in the exercises
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.
lO11,o--~ (0
OPINION OF THE BOARD
Claimant J.J. Saggeae, Jr., held seniority on the
Allegheny B Seniority District as a Trackman and as a Class
3 Machine Operator. On April 26, 1990, he submitted a bid
for numerous positions listed on Bulletin 50 advertised in
the Allegheny A Seniority District. He was not awarded any
of the positions. 7arrier concluded that Claimant was not
qualified on the :obs listed and that he did not request in
writing, separate:v from his bid, an opportunity to demonstrate his qualifications in accordance with Rule 3, Section
2, of the Schedule Agreement.
The Board has decided at least one other case
involving the identical issue (Case No. 59). In that case,
we denied the grievance based on the following reasons:
Carrier takes the position in this instance
that Claimant was 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.
This Board 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."
/UI(o--'(-0
In accordance with basic labor relations
principles, this Board is compelled to
follow the decision rendered by Referee
Zusman in Award No. 27631. The Board 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.
We see no reason not to apply the same concept in
this instance.
AWARD
'.he claim is denied.
R.
'b.
Dennis, Neutral Member
S.V. Powers, r Member . Burton, arr~ ier Member
Date of Approval