SPECIAL BOARD OF AWUSTMENT N0.
279
BROTHERHOOD OF PAINTENANCE OF WAY EMPLOYES
versus
MISSOURI MCIFIC FAILROAD COMNY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign B&B Foreman S. C. Morris to the position of B&B
Foreman on System Steel Gang No.
3,
effective January
21,
1959-
(2)
B&B Foreman S. C. Morris be now reimbursed for the difference
in pay received on work performed by him during the period of
this claim and what he should have received as Foreman of
System Steel B&B Gang No.
3,
beginning January 21,
1959
and
continuing until this violation of the Agreement is discontinued.
FINDINGS
: On January
5, 1959,
the parties entered into an agreement for the estab
lishment of System B&B Steel Gangs to accomplish steel construction and
repair work with new procedures and equipment, involving welding and riveting. On
January
6,
the Carrier issued a bulletin to B&B employes giving notice of the estab
lishment of the first System B&B Steel Gang pursuant to that Agreement. The claim
ant filed an application for the position of foreman thereon but the Carrier assigned
the position to a junior B&B foreman on the basis that the claimant's ability was
not sufficient for the position of foreman on this new System Steel Bridge Repair
Gang.
Rule 10(a) provides that transfers to fill vacancies or new positions
shall be based on ability, merit, seniority, and if ability and merit are sufficient,
seniority shall prevail, "the Management to be the judge."
There was some rational basis for the Management's decision because the
claimant had never performed any welding, and as set forth in the Bridge Engineer's
letter of March
2,
the bids for the foreman on this new gang were reviewed carefully because it involved a new type of work and procedure unfamiliar to most B&B
men. This letter also set forth the various considerations taken into account by
the Carrier in formulating its judgment that the claimant did not possess sufficient
ability.
What this claim actually amounts to is a request by the Employes that
we substitute their judgment for that of Management as to the sufficiency of the
claimant's ability to fill this new position. Under Rule 10(a), this is not
possible so the claim cannot be sustained.
Award No.
59
_ 2 -
AWARD: Claim denied.
SPECIAL BC41RD 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
September
6, 1962
File BMWE
3-59