Award No. 129 Case No. 209 PARTIES TO DISPUTE:



STATEMENT OF CLAIM:

          "I. Carrier violated the Maintenance of Way

          Agreement,,especially but not.limited to,

          Rule 2 - Seniority, and Rule 5 - Promotion

          and Transfers, when it assigned position on

          promotion to North End Seniority District

          employee with disregard to employees on

          South End Seniority District, crossing Sen

          iority District territory, on Circular of

          Advertisement No. 7-S (B&B) dated June 20, 1975.


          "II. Mr. T. A. Riggs be allowed difference between

          rate of pay earned as Repairman and rate of pay

          applicable to position of Water Service Foreman

          of $1,058.32, plus any wage increase allowed

          to this position, beginning June 20, 1975

          and continuing until such time Mr. Riggs

          is assigned to position of Water Service

          Foreman."


FINDINGS:
 A position of Water Service Foreman on the South Territory Seniority District, Tyler, Texas was bulletined. There were three applicants for the position: Claimant and another employe from the South Territory Seniority District, and an employe from the North Territory Seniority District. The position was awarded.to the employe from the North Territory Seniority District.
 The Organization charges that Carrier violated the provisions of Rule 5-2 when it promoted an employe-from another seniority district and by-passed Claimant.
 ' y S(3A 2go - A-JD 129

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                The Board agrees.

      Rule 5-2 dealing with Promotion and Transfers states:


                "LIMITS - Employes are entitled to promotion only on the district and in the subdepartment over . which their seniority rights prevail." (Underscoring added,)

      Obviously the rule must be considered-in consonance with the other provisions of the promotion rule, and should not be interpreted so as to reach an absurd result. If, for example, there were no bidders in the seniority district with sufficient ability to perform the work (again, applying the standard set forth in our Award No. 122), Carrier should not be prevented from going outside the seniority district to fill the position. But if there is a qualified or potentially qualified bidder within the seniority district, Carrier is


. required to award the position to that employe..

                            AWARD


      Claim sustained. Carrier is required to make payment, within 30 days of this award.'


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            Carrier I tuber Organization Member

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