Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7+15
SECOND DIVISION Docket No.
7353
2-CRI&P-FO-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBreaxty when
award
was rendered.
( System Federation No.
6,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Chicago, Rock Island & Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated the provision of Rule
Number
20
of the
current agreement and was unjustly dealt with and forced Laborer
Anthony J. Micile on furlough status effective December
4, 1975.
Laborer Anthony J. Micile was furloughed from the Car Department,
he placed his bump on a Fireman & Oiler position in the Diesel or
Roundhouse, bumping a junior employee. After placing his bump,
Master Mechanic would not allow Laborer Micile to work on position
he placed his bump, there being no other junior employees for
Laborer Micile to bump, Master Mechanic refused to let Anthony J.
Micile to exercise his seniority to bump junior employee.
2.
That Laborer Anthony J. Micile be compensated for all wages lost
since December
4, 1975
and be returned to service of the Carrier
with seniority, vacation, health and welfare and life insurance
rights unimpaired.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
193..
This Division of the Adjustment Board has jurisdiction over the dispute:
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant entered the service of Carrier on August
12, 1969. Up until
December
3, 1975,
Claimant was employed as a Car Department Laborer in Carrier's
Des Moines, Iowa facility. On December
3, 1975,
Claimant was furloughed in
a reduction of forces due to a serious decline in business.
Form 1 Award No. 7.15
Page 2 Docket No. 7353
2-CRI&P-FO-'77 ~_~/'
At this time, Claimant advised Carrier of his desire to bump an employee
junior to him on the Firemen and Oilers' seniority roster, and working at
the Diesel Shop or Roundhouse at Des Moines, Iowa. However, Carrier's
District Master Mechanic would not allow Claimant to displace a junior
employee in the Diesel Shop or Roundhouse, on the basis of Claimant's two
(2) previous disqualifications as a Locomotive Laborer in September, 1971,
and September, 1975.
Rule 20 - Reduction in Force, reads in pertinent part:
"When forces are reduced at any point or in any department,
seniority as per Rule 19 will govern in the department
effected.
"When forces are reduced; or jobs abolished, a laborer
thus affected may then exercise displacement rights
in any one of the other departments on the basis of his
laborer's seniority date with the railroad, and will take
the rate of the job on which he places himself. Employees
entitled to exercise seniority under this rule must do so within
five
(5)
days or forfeit all seniority rights as laborer."
(Emphasis added)
Rule-25 - Retention of. Senior Qualified Employee, reads as follows:
"When force is reduced the senior employees in the subdivision
at the point of employment capable of doing the work shall
be retained."
The record before us indicates that Claimant had difficulties while
working the Hostler Helper position from August 14 through August 31, 1975.
Based on the daily log kept by Carrier's Mechanical Officer, we note that
Claimant did not grasp instructions such as staying in sight of the Hostler
when moving engines; he did not comprehend which way switches should be
lined; he had trouble hooking up fuel hoses to engines; he had to be told
and instructed on where and haw to sweep the floor; he was not able to
operate a steam cleaning machine; he was not able to properly supply a
locomotive with fuses, torpedoes, or drinking water without a detailed
explanation from his foreman each time; and he washed only one side of an
engine.
Now, Rule 20 has to be read in conjunction with Rule 25. That is,
the more senior employee also has to be qualified for the position.
In matters of this kind the burden of proof belongs to Petitioner to
prove by factual evidence of probative value that Claimant does possess
the necessary qualifications, and can perform within normally acceptable
standards. In the instant case, Petitioner has not proven that Claimant
possessed the necessary knowledge and qualifications so as to permit
seniority to prevail. Furthermore, Petitioner has not been able to show
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Page 3
Award No . 7+15
Docket No. 7353
2-CRI&P-FO-'77
that the action of Carrier was arbitrary, capricious, or designed to
circumvent the Agreement.
Numerous decisions of this Board have consistently held that it is
Carrier's right to determine fitness and qualifications, and that Carrier's
decision is final and conclusive unless it is evident that such action is
totally unreasonable. (See Second Division Award Nos. 6897, 6873, 6760,
5924, 3782, 5190, 484+, 37+8, and 2+69; also see Third Division Award Nos.
18+62, 18353, 17948, 16871, 165+6, 16+71, 16360, 15780, 15494, 13+71,
12394, 11-572, and- 103+5).
We note Petitioner complaint that Claimant was not given adequate
and proper training by Carrier. However, there is no language in the
Agreement before us which requires that Claimant b e given training fox arty
specific length of time, nor is there any mention of the quality of
training employees are to receive.
Therefore, based on all of the foregoing, we have no choice but to
deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Branch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of December,
1977.
S%0001
-"001