Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award
No. 10661
SECOND DIVISION
Docket No. 9952
2-N&W-CM-'85
The Second Division consisted of
the regular members and in
addition Referee Lamont E
.
Stallworth when award was rendered
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk & Western Railway company violated the controlling
Agreement when Carrier would not allow Carman R. A. Antalek to work his
regularly assigned position as car inspector at the West End of the Eastbound
Train Yard, Bellevue,
Ohio
on March 19, 21, 22, 28, 29, April 5, 8, 9, 10,
11, 12, 15, 16, 18, 19, 22, 23, 24, 25, 26, 29, 30, May 1; 2, 3, 6, 7, 8, 9,
10, 13, 14, 15, 16, 17, June 3, 4, 5, 6, 10, 11, 12, 13, 14, 17, 18, 19, 20,
21, July 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30,
31, August 1, 2, 1981.
2. That the Norfolk & Western Railway Company be ordered to compensate
Carman R. A. Antalek eight (8) hours at the straight time rate of pay for
March 19, 21, 22, 28, 29, April 5, 8, 9, 10, 11, 12, 15, 16, 18, 19, 22, 23,
24, 25, 26, 29, 30, May 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, June 3,
4, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, July 8, 9, 10, 11, 12,
15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, 31, August 1, 2, 1981.
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 employes 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 occupied a position of Car Inspector at the Carrier's Bellevue,
Ohio
terminal facility. Carrier documented its contention that over a period
of time, Claimant demonstrated an
increasing inability to cope
with the
decision making required by the position, that
Carrier gave adequate notice
to
the effect. Claimant's inability to make expeditious decisions was
causing significant delays to trains and working a hardship on
Supervision
and his fellow employees. Effective March 19, Carrier increasingly assigned
Claimant to other duties which did not require fast decision making but
were
within the scope of the Agreement and at no loss in pay. Claimant was
eventually disqualified from the position.
Form 1
Page 2
Award No. 10661
Docket No. 9952
2-N&W-CM-'85
The organization claims violation of Rules 16 (Bulletin New Jobs and
Vacancies), 29 (Seniority), and 32 (Grievances). The Claim is for monetary
damages. There were none. In the Board's view the record indicates that the
Carrier's actions may be characterized as being appropriately prudent and a
humane series of steps which ultimately led to the disqualification of the
Claimant. A11 work performed was within the scope of the Agreement and no
Claim is made that others were denied work. Consequently, the Board finds no
violation of the Agreement.
A W A R D
Claim denied.
Attest
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1985.