AWARD NO. 121 -
CASE NO. 196
.SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES) Brotherhood of Maintenance of Way Employees
TO ) and
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
"It is the position of the Brotherhood that:
"I. Carrier violated the Maintenance of Way Agreement,
especially but not limited to Rule 2-2 and Rule
5-1(a), when assignment was made
on
Advertisement
No. 4=N, dated January 21, 1974, to junior employee
T.R. Dilbeck and not to senior employee who also
requested the job; namely Mr. R.E. Johnson.
"II. Mr. R.E. Johnson be paid the difference in pay rate
of laborer and machine operator's rate of pay for
period February 4, 1974 to date that he is assigned as>
operator at the current rate of $887.73."
FINDINGS:
On January 21, 1974 Carrier advertised for bids on a Ballast
Tamper Operator Position. No employe with machine operator rights
bid the position. Bids were received from Claimant with a seniority
date of June 28, 1968 and another junior employe with a seniority
date of July 15, 1970. Carrier assigned the junior employe to the
position. Claim was filed by the organization on behalf of Claimant contending that Claimant held machine operator rights and the
junior employe did not.
The record shows that neither employe held machine operator
rights at the time the assignment was made. The record further
shows that Claimant was disqualified as a machine operator on
November 3, 1969 despite the fact that he was used temporarily as
a machine operator in December 1973.
5614
aso
- AwAh
Under the circumstances, the determination of an employe's
qualifications., fitness and ability is solely that of Carrier.
AWARD
Claim denied.
Neutr~l) Member
A~ - ,
Carrier Member
Date2I
Organization Member