This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

This dispute concerns a claim by the Organization that the Carrier violated the contractual provisions of Rule 27 - Work for Furloughed Employees, because an employee junior to the Claimant was placed in a vacant Firemen and Oiler position at Willard, Ohio.

The relevant facts of the claim show that the Claimant held seniority on the former C&O Railway at Walbridge, Ohio. This case arose when the Claimant sought a transfer to Willard, but was not selected by the Carrier for the position.

Rule 27, on which the Organization relies, provides that furloughed employees may transfer to positions at other locations to which their seniority entitles them and for which they are qualified. The Carrier determined that because the Claimant had a long history of personal injuries, excessive absenteeism and tardiness, he was not qualified for the position.

The Board finds that the Carrier had a proper basis for not offering the Claimant the position at Willard. His overall work record is not good. For example, his record shows repeated discipline for absences (leading to one dismissal), one discipline during a period of probation, falsifying his daily service card and leaving a work assignment without permission. The record also establishes that the Claimant has had a number of on-the-job injuries.

In summary, the Claimant's record shows that he is not an employee who takes his job responsibilities seriously. Given the facts in this case, the Board has no alternative but to deny the claim.

AWARD