Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8550
SECOND DIVISION Docket No.
8386
2-SPT-EW-180
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( International Brotherhood of Electrical Workers
(
Parties to Dispute:
( RECEIVED
( Southern Pacific Transportation Company
DEC
~~ l~ 14W1
Dispute: Claim of Employes:
~, s
1. That the Southern Pacific Company (T&Q, disqualified Radio Equipment:
Installer K. P. Blount, from position No.
37
at Houston, Texas in
violation of the current agreement and in particular Rules 2, 13 and
17.
2. That accordingly Carrier be ordered to return Radio Equipment Installer
K. P. Blount to position No.
37
and to compensate him for eight
(8)
hours each day for all wages lost commencing with March
14, 1979,
and
to be continued until Claimant is restored to his position.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a17:
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,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The threshold question posed in this dispute is whether Carrier violated t:he
Agreement, specifically Rules 2,
13,
and
17
when it disqualified Claimant from
acquiring position No.
37
headquartered in Houston, Texas. Claimant contends t:hat
he worked the position of Radio Equipment Installer at El Paso, Texas without being
disqualified and that he was forced off Position No.
37
to enable Carrier to fill
this position with a less senior employee. He avers that he did not take the
February 28,
1978
examination prepared by the Motorola Training Institute for
radio equipment installers, with any degree of seriousness, since Carrier unreasonably
compelled him to take this test. He argues that Carrier manifested an unmistakable
animus toward him as evidenced by its inconsistent application of qualifying
standards.
Carrier, contrariwise, contests these contentions and argues that Claimant:
C01-11d
not qualify for this position, when he assumed it on March 1,
1979.
It
contends that he did not have the aptitude to fill this position and that he had
never acquired a basic knowledge of electronics and maintenance techniques. It:
adduced statements from numerous supervisory officials, who in toto considered him
unqualified for
thlss
position.
Form 1 Award No.
8550
Page 2 Docket No.
8386
2-S PT-EW-'
80
In our review of this case, we recognize the significance of Claimant's
assertions that a junior employee was awarded this position, but we do not fine( that
the selection was an abuse of managerial discretion. Admittedly, Claimant was not
disqualified while working at the E1 Paso situs, but the evaluative reports and
competency judgments supplied by his supervisors before his qualifying assignment
began at Houston, Texas, persuasively demonstrates that he was not sufficiently
qualified to perform the work of Position No.
37.
This is further supported by
the type of work he performed at Nacogdoches, which did include equipment installer
duties. The evidence relative to his knowledge and skill fitness qualifications
shows that he was unqualified to perform the technical tasks of Position No.
35
'
and we will not substitute our judgment of what constitutes adequate skills
qualifications in lieu of Carrier's determination. The railroad industry, by
definition is vested with a unique public interest responsibility that requires;,
at a basic minimum, that employees are equipped with the requisite technical
skills, to perform the myriad of jobs attendant to rail operations. Carrier is
thus entrusted with discretionary authority to hire and promote individuals who
meet its specified selection standards, subject of course to its collective
bargaining agreements restrictions and limitations. .
In the instant case, Claimant was plainly unqualified to fill Position No.
37
and we find no evidence that he was prejudicially denied this job. In Second
Division Award
7376,
which we believe is applicable to this case, we held in
part that:
"Determination of an employee's qualifications relates to a
candidate's present qualifications at the time a vacancy
exists and applicants bid or are entitled to consideration
for such vacancy. 'Qualified' as used in Rule 23 does not
mean ability to qualify after further learning or experience
on the job or after a trial period; it means possessing
the required knowledge, skill or experience at the time the
applicant bids for the job or is entitled to be considered
for it. A trial period is not to enable a senior employee
to become qualified, or at least to prove his contention that
is qualified ''~ unless the Agreement specifically so provides."
We find this decision at point with the essential facts herein and we will reject
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
By
emarie Brasch - Administrative Assistant
Dated (at Chicago, Illinois, this 17th day of December,
1980.