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 of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign J. W. Henderson to the position of Motor Car Maintainer, DeQuincy,
Louisiana, as advertised in Bulletin D-38, dated July
14, 1958.
(2)
Claimant J. W. Henderson be reimbursed for the difference in
pay between that received as a Roadway Machine Operator and that of a
Motor Car Maintainer, beginning August
4, 1958,
and continuing until
this violation of the Agreement is discontinued.
FINDINGS: On July 14,
1958,
the Carrier bulletined a Motor Car Maintainer
position on the DeQuincy Division and specified that applicants
would be given an oral and/or written test. The claimant had worked as a Motor
Car Maintainer for two years and seven months during the years
1951, 1952
and
1953
and bid for this job. It appears that meanwhile much new and different
equipment had been put in service but claimant made no effort to refresh his
information or obtain new information before submitting to an oral test.
It is the responsibility of the Management to judge the ability of
applicants for positions, and in this case it found the claimant lacked ability
on the basis that he failed the test given. In view of the length of time since
his prior service, the introduction of new and different equipment and his
failure to inform himself about it, together with the admission that when
previously so assigned there were some jobs he could not do, it cannot be said
that the judgement of the Carrier was either arbitrary or discriminatory.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
November
3, 1959