Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No- 12192
SECOND DIVISION Docket No. 12067
91-2-90-2-244
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:



STATEMENT OF CLAIM:

1. That the Chesapeake & 0!r?o Railroad Company (CSX Transportation, Inc.) (hereinafter "carrier") violate~? the provisions of Rule 27 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 Clinton Evans (hereinafter "claimant") when beginning on July 7, 1986 through July 18, 1986 the carrier did not allow the claimant to work these dates when he was furloughed.

2. That, accordingly, the claimant is entitled to be compensated for ten (10) days, eight (8) hours each at the applicable T.V.R. rate for the carrier's violation of the aforementioned Agreement Rule.

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.



For the period July 7 through 18, 1986, Carrier closed down much of the Raceland Car Shops for vacation. The Triple Valve Repair (TVR) Room, where air brake valves are repaired, continued to work, however. Employees who were not eligible for paid vacation, such as Claimant, were placed on furlough status during the shutdown. Two employees in the TVR Room also took vacation during this time, resulting in two positions which were filled by employees junior in seniority to Claimant. The Organization contends Claimant should have been allowed to fill one of these positions instead of being furloughed.
Form 1 Award No. 12192
Page 2 Docket No. 12067
91-2-90-2-244
In arguing its position, the Organization chiefly relies upon Rule
27, which reads, in pertinent part, as follows:















The Carrier, on the other hand, relies upon Rule 60-1/2, which reads, in pertinent part, as follows:



The circumstances herein are similar to those addressed in Second Division Award 12182. The Carrier has the right under Rule 27 to furlough employees in one department while not furloughing employees in another department. Under Rude 60-1/2, a senior furloughed employee would have the right to displace an employee with less seniority, provided the employee exercising seniority is qualified for the job. As we held in the case cited above, the burden is on the Organization to demonstrate Claimant was qualified for the position in question.

The only indication in the record that Claimant might possess the requisite qualifications is the assertion his apprenticeship training included work in the TVR Room. This is insufficient to allow this Board to overrule Carrier's determination Claimant was not qualified.
Form 1 Award No. 12192
Page 3 Docket No. 12067


        As we find no violation of the Agreement, the claim must be denied.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


                    00-01

Attest:

        Na cy J. -Executive Secre ary


Dated at Chicago, Illinois, this 6th day of November 1991.