Docket Ch-n363
Award No. 29
SPECIAL BOARD OF ADJUSTMENT 3711
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
System Docket No. 536 - S. G. 0. Auditor Passenger Traffic Case 1-58
"Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Clerks' Rules Agreement, effective
May 1, 19112, except as amended, particularly Rules 2-A-3 and 3-0-1, when
it denied Earl C. Wilson the right to exercise his seniority in displacing
a junior employe in the Office of Auditor of Passenger Traffic, under the
jurisdiction of the Comptroller, located at 32nd Street Building,
Philadelphia, Pennsylvania.
(b) Earl C. Wilson be allowed the difference between a Grade 'A'
rate and a Grade IBI rate beginning November 1, 1957, until adjusted.
(Docket 536)»
FINDINGS:
We have carefully examined this record and fail to find any proof
whatever that in the exercise of its contract right to determine the fitness
and ability of Claimant for the positions he sought to bump into, this Carrier
acted in an arbitrary or capricious manner,
A denial award is required.
AWARD:
Claim denied.
Signed this 12th day of December, 1961.
s/ Edward A. Lynch
E. A. Lynch,
A. E. Myles sl A. B, Seward
A. E. Myles, Carrier Member A, B. sward, Employs Member