ITEM ‑ 90(b)

June l3. 1978

This refers to your letter of March 9, 1978 about an interpretation of Rules 90(d)(5) and 90(~), which was discussed with you in conference on June l, 1978.

Rule 90(d)(5) reads:

"Brakemen who fail to take the third trial, or who fail to receive a passing grade on the third trial will thereafter be accorded another opportunity to take the air brake rules examination only at the option of the Superintendent."

Rule 90(g) reads:

"Brakemen who fail on first trial to pass Transportation Department examination for promotion after being given 30 days notice, in accordance with their seniority rights or under provisions of Section (f), wil1 be considered first in line for examination with following class after date of their original examination. Brakemen who fail to mass the second examination, and brakemen who have declined promotion shall thereafter be accorded another opportunity for promotion only at the option of the Superintendent."

Neither of these rules provides what con-ductor's seniority date the brakeman will receive when, at the option of the Superintendent, he is given the opportunity for another trial. It is agreed that a brakeman given this option by the Superintendent will go to the head of the next class or group and will be seniorest of that class or group.

This agreement is effective July 1, 1978 and may be terminated by the service of a thirty‑day written notice by either party on the other.