Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8728
SECOND DIVISION Docket No. 8697
2-MP-CM-'81

The Second Division consisted of the regular members and in addition Referee Martin F. Scheinman when award was rendered.

Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
(
( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railrcad Company violated Memorandum Agreement of January 15, 1942 and Rule 31 of the controlling Agreement when they, sent Carman Apprentice C. C. Jackson home January 12, 1979 for allegedly being delinquent in his apprentice lessons.

2. That the Missouri Pacific Railroad Company be ordered to compensate Carman Apprentice C. C. Jackson in amount of eight (8) hours at the pro rata rate for their violation.

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, 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.

Claimant, Apprentice C. C. Jackson, was sent home by Carrier on January 12, 1979, for not being current in his apprentice lessons. The Organization claims that Carrier had no right to force Claimant out of service. It asks that Claimant be compensated in the amount of eight (8) hours at the pro rata rate.

As an apprentice, Claimant's training period, especially in regard to written lessons, is covered under the terms of the Memorandum Agreements of January 15, 191+2 and May 16, 1974. In pertinent part, they state:

"MMORANDUM AGREEMENT

This Agreement made as of the 15th day of January, 1942, by and between the Missouri Pacific Railroad and System Federation No. 2 Railway Employes' Department A.F. of L. Mechanical Section Thereof.

Form 1 Award No. 8728
Page 2 Docket No. 8697
2-MP-CM-'81

RECITALS

The education of apprentices in their respective trades

is recognized as being essential, therefore, it is

mutually agreed to supplement existing Rules 34 and 35

of wage schedule agreement effective July 1, 1936, that

govern the employment and working conditions of apprentices,

to wit

AGREEMENT:

1-(a) Apprentices in service as also those hereafter

entering the service will be required to participate

in a technical training course, the tuition fees for

which will be borne by the railroad.

1-(b) The passing grade for each lesson in the apprentice

ship course will be 759%.

4-(a) An apprentice who fails to maintain the study

schedule requirements of two new examinations

each month becomes delinquent in any month in

which he is one or two examinations behind in

schedule. He can clear his delinquency by

submitting the required number of new examina

tions thus placing himself back on schedule.

4-(b) An apprentice who accumulates two (two separate

months) uncleared delinquencies (delinquent in

submission of his examination papers) can clear

his delinq'uenay 'by _submittirg the require. number

of new examinations and thus place himself back

on the schedule.

4-(c) An apprentice who *ccumulates three (three

separate months) uncleared delinquents (delinquent

in submission of his examination papers) is

subject to removal from service following investi

gation to be held as provided for in the grievance

and discipline rules Nos. 31 and 32 of the wage

schedule agreement effective July 1, 19 .

5. An apprentice who removes himself from the service

for cause mentioned in Section 4-(c), will, after

proper investigation is held, be given one more

chance under the following con itions;

IT IS AGREED:

1. Paragraph (1) of Rule 37 - Miscellaneous Apprentice Rules, in which the Memorandum

Form 1 Award No. 8728
Page 3 Docket No. 8697
2-MP-CM-'81
Agreement beginning on page 92 of the current
agreement is set forth, is amended to provide
that carman apprentices will be required to
complete a technical training course consisting
of 72 lessons at the rate of three ions per
month so that the apprentice will complete all of
the lessons within a two-year period. After the
effective date of this agreement, apprentices in
service will be required to complete all of the
lessons at the rate of no less than three per
month." (Emphasis added)

Claimant initially turned in his correspondence course lessons in a timely manner. Subsequently, however, the Railway Education Bureau returned several of these lessons because Claimant had failed to make a passing grade as specified in the Memorandum Agreement of January 15, 1942. Since Claimant's lessons did not receive a passing grade, we must conclude that he did not complete his lessons in a timely fashion.

In Award 7287, we held that Carrier, consistent with the Memorandum Agreement of May 16, 1974, hold out an apprentice who is in default with respect to the due date of apprentice lessons. Nothing here persuades us that our determination there was incorrect. As such, we must conclude that Carrier acted within the provisions of the Agreement when it held Claimant out because he was delinquent in his lessons. Surely lessons cannot be viewed as having been completed when they fail to earn ; passing grade and Claimant failed to submit the failed lessons. Stated simply, Claimant failed to complete his lessons in the prescribed time. Under the plain meaning of the Memorandum Agreement of may 16, 1974, Carrier was warranted in sending him home.

We will deny the claim in its entirety.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By
~.bsemarie Brasch - Administrative Assistant

''Dated~at Chicago, Illinois, this 3rd day of June, 1981.