Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12186
SECOND DIVISION Docket No. 12061
91-2-90-2-238
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 CLAIIN:
1. That the Chesapeake & Ohio Railroad Company (CSX Transportation,
Inc.) ;hc:reinaft;~:r "carrier°") v:.olated the provisions of Rules 27, 38, 60 1/2
and 153 of the Shop Crafts Agreement between Transportation Communications
International Union - Carmen's Division and the Chesapeake & Ohio Railroad
Company (CSX Transportation, Inc.) (revised June 1, 1969) and the service
rights of Carman James B. Hannah (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. 12186
Page 2 Docket No. 12061
91-2-90-2-238
Our review of the record in this dispute provides no basis for the
Board to overrule the Carrier's decision. Although Claimant became qualified
to perform certain work in the Triple Valve Repair Room sometime after he was
furloughed, there is no evidence to indicate he ever performed this work prior
to the time his job was abolished. 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:
00
Nancy J. veV- Executive Secretary
Dated at Chicago, Illinois, this 6th day of November 1991.