SPECIAL BOARD OF ADJUSTMENT N0. 421
THE ORDER OF RAILROAD TELEGRAPHERS )
vs )
NEW YORK CENTRAL RAILROAD, EASTERN DISTRICT )
(except Boston and Albany Division) and )
NEW YORK DISTRICT )
STATEMENT OF CLAIM:
1. Claimant J. H. Wall shall be assigned to the position of Agent at South Schenectady, N. Y.
2. Claimant shall be paid the difference in pay suffered in the rates of pay of the
Guilderland Center agency position commencing August 27, 1959, until placed on
Agent's position at South Schenectady.
3. Claimant shall be paid travel and waiting time and all expenses, commencing August 27, 1959, until placed at South Schenectady.
OPINION OF BOARD:
This claim was filed in protest against the Carrier's action in refusing to permit Claimant Wall, Agent at Guilderland Center, New York, to displace into the
monthly rated Agent position at South Schenectady, New York. Both positions are on
the Mohawk Division and are covered by the Agreement between the subject parties.
Due to the abolishment of a clerical position at Guilderland Center, Claimant
Wall invoked Article 28 (a) (5) in seeking to move from his existing Agent position.
Claimant was senior to the employe he sought to displace at South Schenectady. However, Carrier refused to permit Claimant to displace into the South Schenectady position on the ground that he did not possess the necessary qualifications per Article
39 (d) .
The governing rule under the facts of this case is Article 39 (d), which specifically deals with the matter of qualifications that may be required in the filling
of monthly rated positions. This provision is to be distinguished from Article 27
(c) which refers to the question of qualifications for positions in general. The
evidence indicates that the Carrier properly exercised its judgment under Article
39 (d) in determining that Claimant Wall was not qualified for the monthly rated
Agent position at South Schenectady. Claimant's greater seniority therefore did
not entitle him to displace into this position.
AWARD:
Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ L. Faulds /s/ R. J. Woodman
L. Faulds, Carrier Member R. J. Woodman, Employe Member
New York, N.Y.
July 23, 1962