Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11505
SECOND DIVISION Docket No. 11355
88-2-86-2-171
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(The Brotherhood Railway Carmen of the United States and
( Canada
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That the Southern Pacific Transportation Company violated the
terms of Rules 19 and 29 of the current working Agreement when they failed to
allow Carman M. Resendez, III, to exercise his seniority in obtaining a position held by a junior carman on September 11, 1985 resulting in his furlough
at the completion of his shift on September 13, 1985.
2. That accordingly, the Southern Pacific Transportation Company be
ordered to compensate Carman M. Resendez, III, in the amount of eight (8)
hours pay at straight time rate for each work day that he has been furloughed
since September 13, 1985 and a junior carman is allowed to work.
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 employees 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 was employed by Carrier at its San Jose, California, yard.
On September 8, 1985, Claimant was notified that he was being displaced by a
more senior carman and that he would be furloughed as of the end of his shift
on September 13, 1985. On September 11, 1985, Claimant sought to displace a
junior carman holding a freight carman/Cline truck operator position. Carrier
denied Claimant's displacement request, asserting that Claimant was not qualified to operate the Cline truck. The organization thereafter filed a claim on
Claimant's behalf, challenging Carrier's denial of Claimant's request.
Form 1 Award No. 11505
Page 2 Docket No. 11355
88-2-86-2-171
This Board has reviewed the evidence in this case, and we find that
the Organization was unable to prove that the Claimant possessed the
qualifications to operate the Cline truck. Therefore, the Carrier acted
within its rights and the claim must be denied.
The record demonstrates that although the Claimant had more seniority, he did not possess the appropriate Class II driver's license that is
required for the job. Moreover, the Claimant did not have the experience or
meet other qualifications required for the job. The record demonstrates that
the Claimant had the opportunity to qualify for the job by learning it at an
earlier time, but did not take advantage of that learning opportunity.
As this Board has stated in the past, the Carrier must be the judge
of the ability of an employee to perform a certain job. The Organization
bears the burden of proving that the Carrier was unreasonable in its assessment of an individual's qualifications. That burden has not been met here;
and, therefore, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
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cy
J. r - Executive ecretary
Dated at Chicago, Illinois, this 29th day of June 1988.