Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12396
SECOND DIVISION Docket No. 12389
92-2-91-2-225
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
1. That the Atchison, Topeka & Santa Fe Railway Company violated the
controlling Agreement, specifically Rule 10, by its failure to call Carman R.
Biggerstaff from the overtime list to operate the Pettibone Crane and work the
derailment in the yards at Barstow, California on July 22, 1990.
2. That accordingly, the Atchison, Topeka & Santa Fe Railway Company
be ordered to additionally compensate Carman R. Biggerstaff in the amount of
forty-nine dollars and fifty-six cents ($49.56) for the violation that occurred on July 22, 1990.
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 Claimant at the time the incident which gives rise to this claim
occurred was assigned as a carman by the Carrier at its Barstow, California
shop. On July 22, 1990 the Carrier called another carman, who was not on the
overtime board, to operate the Pettibone Crane to work a derailment in the
Barstow Yards. The Organization points out that the Claimant was the low man
on the overtime board and should have been called to perform the work. Rule
10(b) of the controlling Agreement reads:
Form 1 Award No. 12396
Page 2 Docket No. 12389
92-2-91-2-225
"Overtime will be distributed equally among the
employees, who are fully qualified to handle the
work, of each shift by crafts."
The Carrier concedes that the Claimant was the proper employee to
have been called for the overtime work under normal circumstances. However,
it points out that the work to be performed consisted of the operation of the
18 ton Pettibone Crane in conjunction with another crane for the purpose of
picking up derailed cars. The cranes would be operated at full capacity while
groundmen would be working on and around the cars being lifted. The Claim
ant's experience had been limited to normal non-derailment situations and
under the circumstances the Carrier determined that he was not fully qualified
to perform the work as required by the applicable Rule 10(b).
The Organization admits that it cannot dispute the Carriers claim
that Claimant had not operated the crane in a derailment environment-but
believes, based on past practices, that the qualifications are not very severe
and persons on the overtime board are qualified.
' This Board cannot substitute its judgment for that of the Carrier in
determining qualifications to perform work assignments. It should be noted
_,fir
that the Rule itself requires that the employee be fully qualified. The
record does not establish that the Claimant was so qualified. Based on the
foregoing and the entire record, we find that the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
(. r/
Nancy J.
v--`5-
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of July 1992.