Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11841
SECOND DIVISION Docket No. 11825
90-2-89-2-130
The Second Division consisted of the regular members and in
addition Referee William 0. Hearn when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That the Burlington Northern Railroad (hereinafter referred to as
the 'Carrier') violated the controlling agreement, specifically Rule 35, when
it improperly and unjustly suspended Machinist E. Spradling (hereinafter
referred to as the 'Claimant') 14th Street Shop, Chicago, Illinois from service for a period of ten (10) days.
2. That accordingly the Burlington Northern Railroad compensate
Machinist Spradling for all time lost, restore all rights and benefits, and
remove the entry of censure from his personal record due to his improper and
unjust suspension from 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 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 an assigned Machinist at the Carrier's 14th Street Shop.
On September 7, 1988, Claimant was instructed to weld a nose wear plate on a
traction motor. He protested. Carrier then disciplined Claimant for alleged
insubordination and failure to comply with instructions.
From the record before us, there is no evidence to refute the Claimant's defense that he did not know how to weld. Further, from the hearing
record, it is also unrefuted that other Machinists were used to do needed
welding, even at Claimant's location, because he was not qualified to do the
welding.
Form 1 Award No. 11841
Page 2 Docket No. 11825
90-2-89-2-130
Carrier argues that Claimant is a qualified Machinist and intimates
that Claimant has been qualified in welding. That may or may not be true.
But there is no evidence in this record to support Carrier's contention of
Claimant's qualification. It is a rebuttable presumption that a journeyman is
qualified in all aspects of his craft but, when challenged, must be supported
with evidence, Second Division Award 10431. And as noted above, there is
unrefuted testimony that Claimant did not do any welding in his assignment nor
was he qualified.
Because the Carrier has not substantiated that Claimant is qualified
in welding, we cannot conclude that Claimant's action here warranted discipline.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 11th day of April 1990.