Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12079
SECOND DIVISION Docket No. 11891
91-2-90-2-14
The Second~Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.

(Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:



STATEMENT OF CLAIM:

1. That the Carrier violated Rules 15 1/2 and 33 of the controlling agreement, as amended, when they failed to allow Cayman Charles N. Thrappas to exercise his contractual rights to the position of crane operator which was advertised during his absence due to illness.

2. That the Carrier be ordered to allow Cayman Thrappas displacement under Rule 15 1/2 and that he be awarded the position of crane operator.

3. That the Carrier be ordered to make Cayman Thrappas whole for all lost wages arising out of his not being able to occupy the position of crane operator.

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.



In recent cases involving the same adjudicative issue, the Board held that absent a finding of wrongful judgment vis a vis an employee's fitness and ability for a position, the Board lacked contractual justification to overturn a Carrier's fitness determination. In the case herein, there is no persuasive evidence that the Claimant was a qualified wreck crane operator and thus Carrier's denial decision was based upon sound defensible evaluative considerations. Second Division Award 12012 involving the same parties though a different claimant is directly on point and dispositive of this dispute. See also Third Division Award 28345.
Form 1 Award No. 12079
Page 2 Docket No. 11891
91-2-90-2-14



        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest:
        ancy J. 0IF- Executive Secretary


Dated at Chicago, Illinois, this 10th day of July 1991.