NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Form 1 Award No. 12548
Docket No. 12392
93-2-91-2-238
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical
(Workers
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"1. That the Union Pacific Railroad Company is
violative of Rules 22, 37, 40, 42, and 138 and
Ruling 19, but not limited to, of the
controlling agreement effective November 1,
1976, and has dealt unjustly damaged
Electrician Apprentice J. E. Stewart at North
Platte, Nebraska when the Carrier improperly
removed the Claimant from service August 30,
1990.
2. That accordingly, the Union Pacific Railroad
Company be ordered to compensate Claimant of
all lost time including overtime, and
interest, all benefits due and his vacation
and seniority rights unimpaired until claim
is settled."
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 employe 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.
Form 1 Award No. 12548
Page 2 Docket No. 12392
93-2-91-2-238
At the time of Claimant's dismissal from carrier's service he
had the status of a new employee with four days of employment.
Rule 43(b) of the Agreement allows Carrier ninety working days
within which to reject a new employee's application. This is an
agreed upon probationary period. This Board has previously noted:
"There is no question that in this industry a
carrier may release candidates for permanent
employment during their probationary period
without hearing and investigation and without
detailing the basis on which the decision is
predicated." (Second Division Award 12179)
The claim is without merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J ver - Secretary to the Board
Dated at Chicago, Illinois, this 21st day of July 1993.
VMW