SPECIAL BOARD OF ADJUSTMENT 140. 166
BROTHERHOOD OF RAILI1AY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS. EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM
: Claim of the General Committee of the Brotherhood of
Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes on the Missouri Pacific Railroad, that the Carrier
violated the Clerks' Agreement:
1. When, on June 7, 1955, the Carrier assigned Donald Lingner,
with a seniority date of January 28, 1954, to position of
Machine Operator - Clerk (Job 23) in the Auditor Disbursements Section of the Special Auditor's Office, and failed
and refused to assign a senior Clerk, Marvin R. Davis,
seniority date, February 17, 1953, to such position to
which he was justly entitled under the provisions of Promotion Rule 4 and Qualifications Rule
7
of the Clerks?
Agreement;
2. The Carrier be directed by appropriate order of the Third
Division of the National Railroad Adjustment Board, to
place Clerk Marvin R. Davis upon the position which he
sought and compensate him for wage loss suffered in amount
of
l.u.
per day, each work day, beginning June 7, 1955,
until the dispute is disposed of and the claims satisfied.
FINDINGS
: Under Rule 4(a), where more than one employe bids for a promotion,
the senior is entitled to it only if both are shown to have
sufficient fitness and ability for the position.
In this case there is no evidence whatever as to the fitness or
ability of the claimant for the Machine Operator-Clerk position involved. On
the other hand, it is shown that the employe assigned had studied the manuals
on operation of I.B.M. machines and performed short vacancy work on the
position in question on 22 days during the prior four months. On the basis
of such evidence, there is no merit to the contention that claimant should
have been assigned because of his greater seniority.
AHARD
: Claim denied.
SPECIAL BOARD OF ADJCB TMENT N0. 166
/s/ Dudley E. WhitinT
Dudley E. Wlating - Chairman
/s/ Ira F. Thomas /s/ G. 4l. Johnson
_
I. F. Thomas - Employe Member G. Cf. Johnson - Carrier Member
St. Louis,-Missouri
January 16, 1957