Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12221
SECOND DIVISION Docket No. 12122
91-2-90-2-258
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM:
1. The Bessemer and Lake Erie Railroad unreasonably, arbitrarily,
capricously, and without just cause disqualified Firemen and Oiler James M.
Templeton from service.
2. That accordingly the Bessemer and Lake Erie Railway Company be
required to reimburse and make whole Mr. Templeton for all lost wages and
other benefits because of the unjust unsupported disqualification.
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 Carrier argues that this dispute is "too vague and indefinite"
and should be dismissed. While there is some complexity in the circumstances
as presented by the Organization, the Board concludes that the facts as set
forth are sufficient to resolve the matter.
In 1983, Public Law Board 4067, Award 1 upheld the Carrier's action
in finding the Claimant disqualified from filling a one-day vacancy as Laborer
in the Car Shop. That Award also noted that the Claimant had previously
withdrawn (disqualified himself) from a Hostler Laborer position.
Form 1 Award No. 12221
Page 2 Docket No. 12122
91-2-90-2-258
According to the Carrier, the Claimant's position as Engine Wiper was
discontinued on May 12, 1989, along with four other positions. The Board
finds insufficient support for the Organization's contention that this was not
a genuine force reduction. Thereafter, the Claimant attempted to exercise his
seniority to displace a junior employee in the position of Locomotive and Car
Department Laborer. This was refused by the Carrier on the basis that the
Claimant was previously disqualified as a Car Laborer. Considering the duties
involved therein, the Board finds this determination in consonance with Public
Law Board 4067, Award 1.
In sum, the Board finds no convincing evidence that the Claimant was
treated in an improper manner either through the abolition of his position as
Engine Wiper or in his being prevented from displacing on a position for which
he was previously disqualified.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
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Nancy J .r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.