Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13242
Docket No. 13176
98-2-96-2-80
The Second Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Springfield Terminal Railway Company (hereinafter
`Carrier') violated the collective agreement when they failed to
award Bulletin No. C-95, Position No. C-20 (Relief Crane Operator)
to James M. Greene (hereinafter `Claimant') at Lowell, MA on
April 10, 1995.
2. That, accordingly, the Springfield Terminal Railway company be
ordered to award Carman James M. Greene, Position (.'-20.
Additionally, compensate Carmen Greene for any and all lost wages
as a result of the Carrier's actions."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13242
Page 2 Docket No. 13176
98-2-96-2-80
Parties to said dispute were given due notice of hearing thereon.
On April 4, 1995, the Carrier issued Bulletin No. C6-95, Position No. C-20 for
Relief Crane Operator, duty station at its East Deerfield Engine House. The Claimant
bid on the position, but was not selected by the Carrier. The Carrier states that the
Claimant was not selected because the position required the incumbent to possess a
Massachusetts Class B Hoisting License. It is undisputed that the requirement for the
license was a legal requirement for the position.
The Organization contends that in the past, under similar circumstances, the
Carrier has trained employees under a licensed operator. It asserts that it should have
done so with respect to the Claimant.
In order to qualify for the Crane Operator position, the Claimant was required
to hold a Massachusetts Hoisting License. This requirement is not under the control of
the Carrier. Moreover, while it appears that the Carrier at various times in the past
may have trained employees who did not possess the required license, absent Agreement
support, the Board is not empowered to direct the Carrier in this respect. It, summary,
we find nothing in the record developed on the property (some of which was not legible
and could not be read by the Board) that would form a basis to sustain the claim.
WARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
Dated at Chicago, Illinois, this 30th day of March 1998.