SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee that:
"(1) Carrier violated the agreement on
February 25, 1982 when Welder Helper A. R.
Baublitt II, Northern Division, was not
assigned as Assistant Track Foreman.
(2) Claimant shall now.be allowed the difference
between the rate of welder helper and that
of assistant track foreman beginning
February 25, 1982 and continuing until
assigned to the Assistant Track Foreman
position-in question."
FINDINGS: Rule 10(a) provides for promotion on "ability,
merit and seniority" and that management is the
judge of ability and merit subject to appeal. We have held
that thereunder a claimant must show that the management acted
arbitrarily or unreasonably and that is not shown by the mere
fact that the claimant had greater seniority than the
employee chosen.
On the record in this case we are constrained to
find that it has not been shown that the management acted
unreasonably.
A14ARD: Claim denied. _
SPECIAL BOARD:OF gBJU$TME ND. 279
Dud ey E: W iting - airm
Y,
16 eo~l
. ChristieXW. E. Naro
Employee Member Carrier Member
March 9, 1984
File: 247-6465