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:
(CSX Transportation, Inc.
(The Baltimore and Ohio Railroad Company)
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.
Parties to said dispute waived right of appearance at hearing thereon.
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
A W A R D
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.