Foam 1 NATIONAL RAILROAD ADJUSTLCENT BOARD Award ITO. 771+
SECOND DIVISION Docket No. 7542
2-SOU-CM-'78

The Second Division consisted of the regular members and in addition Referee Robert A, r randen when award was rendered.

( System Federation No. 21, Railway Employes'

( Department-, A. f of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

( Southern Railway Company

Di.sy-atc: Claim of Emoloyes:

1. That Carirar_ Brooklyn Clark, Jr. , Tiayne Shop, Spartanburg, S. C., eras unjustly disqualified from his position as Inspector-Switch List and eras denied an investigation.

2. That accordingly, the Carrier be ordered to return Carman BrooklYrk Clark, Jr. to the inspector-Switch List assignnent and give him proper training, as other employees lave been trained in the past.

Findings

The Second D iv3 ui on of the Adjustment hoard, upon the whole record and all the evidence, finds that:

The carrier oz carriers and the employe or employes involved in this dispute are respectively carrier arid employe s-rithin the meaning of the Rail~c~;a3r La],-,or 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 was the successful bidder on an Inspector-Switch Test .position. Claimant was on the job some four weeks after which he was removed from the position due to having been disqualified for lack of-' fitness and ability. Cartier maintains that it is t'~e prerogative of management to determine if an em nloyee is qualified to fill a position and to remove an employee who it determines to tie unfit.

A request for an investigation under Rule 3'E vma requested but denied by Carrier. Rule 31E is the Discipline rule. The case at bar is riot a discipline case and no right to an investigation accrues to claimant under the facts herein.

For the claimant to pzwYrail in this m~irtey he must .prove that the actions of the Carrier :n z·c~.:.t~tr.i_ng him irony his .position were arbitrary, capricious ordiscrxninatory. `.Pine record in the instant case reveals that
Foam 1 Award No. 7714
Page ?_ Docket No. 752+2
2-SOU-CM-' 78

the claimant vras given every opportunity to learn and succeed in the Inspector-Switch Test position. The Carrier acted -s-r9_thin its management; prerogative when it removed the claimant from the .position, Its actions were reasonable and responsible. We cannot support the claim.

We find that the agreement eras not violated.

A W A R D

Claim denied.

NATIONAL RAILT;OAD ADJUST2.1E22T BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

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,,_...ator _marie ~x~asch - rv~i,~.irzis,trativ e ~~sszstan-u

Dated ~ Cm9_cago, Illinois, this lst day of PTovember, 178.