PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations, Inc.
 STATEMENT (a) Carrier violated Rule 3 when it failed to
 OF
 CLAIM: award the B&B foreman, Gang 69 position at Newark,
 New Jersey to claimant Harold Shumate.
 (b) Claimant shall be granted the position as
 Bridge and Building Foreman with a date which
 reflects the original date of the position and
 shall be paid the difference in rate of pay between
 B&B mechanic and B&B foreman, including overtime on
 the position.

 FINDINGS: The B&B foreman position in question was applied
 for by claimant but was awarded to a junior
 employee. Carrier found claimant unqualified for
 the position.
 Claimant passed the written examination to
 determine the required.technical knowledge. In an
 interview, however, it was determined that he
 lacked the necessary attributes for the position of
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foreman. More specifically, Carrier took
 claimant's discipline record into consideration in
 determining whether or not he could be a
 responsible leader. His record shows that he had
 been dismissed in November 1984 for being unfit to
 attend to his duties; he was subsequently
 reinstated on a leniency basis. It also indicates
 absenteeism, safety violations and leaving an
 assignment without permission.

 It may be that Carrier will eventually decide that claimant is sufficiently responsible for a foreman assignment. The challenge of a higher position often brings out excellent qualities.

 We are not in a position, however, to reverse Carrier's decision. It made its determination only after interviewing claimant as well as other applicants, giving a written test and an analysis of prior records. It is well settled that where, as here, the controlling contract provision prescribes that "In the assignment of employees to positions under this Agreement, qualification being sufficient, seniority shall govern," the employer's determination of qualifications will be disturbed only when arbitrary and capricious. The record provides no basis for finding Carrier's decision deficient in those respects.
AWARD: Claim denied.
 Adopt at Newark, N.J., /9 , 1987.

Carrier Member Employee Member

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