Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12184
SECOND DIVISION Docket No. 12059
91-2-90-2-236
The Second Division consisted of the regular members and in
addition Referee Barry E. Simon when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake & Ohio . Railroad Company (CSX Transportation,
Inc.) (hereinafter "carrier",` viol.ate.:the provisions of Rules 27, 38, 60 1/2
and 153 of the Shop Crafts Agreement 'between Transportation Communications
International Union - Car-men's Division and the Chesapeake & Ohio Railroad
Company (CSX Transportation, Inc.) (revised June 1, 1969) and the service
rights of Carman Donald E. Slater (hereinafter "claimant") when the carrier
did not give proper notice to the claimant and did not list junior employees
on the furlough notice effective May 31, 1985.
2. That, accordingly, the claimant is entitled to be compensated for
eight (8) hours each day, beginning June 3, 1985, and each day of work thereafter until violation is corrected at the applicable Carmen's rate. Further,
that the claimant be compensated for all losses sustained while held out of
service, including, but not limited to, vacation, personal days, loss of
coverage under the Health and Welfare and Life Insurance Agreements and all
other benefits accruing to other employees as a condition of employment.
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.
The circumstances involved in this dispute are identical to those in
Second Division Award 12182. The only issue to be addressed is whether the
Organization has met its burden of proving Carrier erred or was arbitrary in
its determination Claimant lacked the requisite qualifications for the position to which he attempted to displace.
Form 1 Award No. 12184
Page 2 Docket No. 12059
91-2-90-2-236
Our review of the record in this dispute provides no basis for the
Board to overrule the Carrier's decision. While the Organization avers
Claimant worked in the Triple Valve Repair Room for vacation relief in 1974
and 1975, there is not sufficient evidence to conclude he actually performed
enough triple valve repair work to achieve the level of competence necessary.
Carrier denies he had, and notes his name did not appear on the roster of
employees who were qualified to perform valve repairs. Accordingly, we find
the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. D -Executive Secretary
._,w
Dated at Chicago, Illinois, this 6th day of November 1991.