Form 1 NATIONAL RAILROAD ADJIJSTMNT BOARD Award No.
8799
SECOND DIVISION Docket
NO. 8690
2-SPT-13M-181
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
International Brotherhood of Boilermakers, Iron Ship
Parties to Dispute: Builders, Blacksmiths, Forgers and Helpers
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
That the Southern Pacific Transportation Company violated the contractual
rights of Boilermaker David Rasmussen when denying him employment effective
April
17, 1979,
after having been reinstated to Carrier service an April 16,
1979.
That accordingly, the Southern Pacific Transportation Company, hereinafter
referred to as Carrier, make Boilermaker David Rasmussen, hereinafter referred
to as Claimant, whole by:
1. Restoring Boilermaker David Rasmussen to Carrier service an light duty
per Rule 26 of the current controlling Agreement.
2. Compensate Boilermaker David Rasmussen at pro-rata rate of pay commencing
April
17, 1979
and for each work day thereafter until he is properly
returned to Carrier service.
3.
Compensate Boilermaker David Rasmussen for all losses incurred on account
of loss of coverage under Health and Welfare and Insurance Agreements
during the time he is improperly held out of service.
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 David Rasmussen, a boilermaker In carrier's repair facility in
Sacramento, California, was discharged from service because he was unable to perform
the task required of a journeyman boilermaker. His doctor has specified that he
should be assigned to light duty work and indicated that he could not lift more:
than 20 pounds. Carrier claims that it has no such job for claimant and that it was
not required, under Rule 26, the Faithful Service Rule, to give any special
preference to claimant. He did not qualify as an employe who had given long arid
faithful service, since he had a total of eight years' service. Carrier was not
required to make a job for claimant that did not exist.
Form 1
Page 2
Award No.
875>9
Docket No. 869o
2-SPT-BM-'81
A review of the record of this case reveals that claimant could. not do a
normal days work and that carrier, under the circumstances present here, is not
required to make a job for an employe who cannot perform the required duties.
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By !'
emarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 28th day of October,
1981.
NATIONAL RAILROAD ADJUSTWNT BOARD
By Order of Second Division