Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11148
SECOND DIVISION Docket No. 10410
2-C&NW-CM-' 87
The Second Division consisted of the regular members and in
addition Referee RobE)rt W. McAllister when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute
:
(Chicago and North 4bstern Transportation Company
Dispute: Claim of Employes
:
1. Carman A1 Nisson was denied the right to Job #014 as a Carman
Welder on June 4, 1982, without benefit of a fair trial for the position.
2. The Chicago and rdorth Western Transportation Company failed to
comply with the provisions of Article V 1(a) of the August 21, 1954 Agreement
as it did not provide written reasons for denial of the claim.
3. That Carman A1 N:ason be awarded Job #014 as a Carman Welder and
be given a fair trial of thirty (30) days to qualify for that position as per
the terms of the controlling agreement.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds treat:
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.
The organization asserts the Claimant, A1 Nisson, was denied a fair
trial when he bid for a bulletined position for an AAR Certified Welder at
Kansas City and was the senior bidder. According to the organization, the
Carrier denied the Claimant his contractual right to be assigned to the
position of his choice and allowed the opportunity of a thirty (30) day period
to qualify for the position.
The Carrier argues the Claimant was not an AAR Certified Welder when
he bid for Position #014. The Carrier contends this certification was a
prerequisite for appointment to the position. Our review of the record
supports a finding the Carrier properly denied the Claimant Position #014
based upon his failure to meet= the requirement of possessing AAR certification.
Form 1 Award No. 11148
Page 2 Docket No. 10410
2-C&NW-CM-' 87
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
"Nancy ancy J. ~ - Executive Secretary
Dated at Chicago, Illinois, this 11th day of February 1987.
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