Local 370 on the property of the New York Central Railroad Company, for and on behalf of Waiter L. Terry, that he be restored to service with seniority and vacation rights unimpaired and compensated for net wage loss since June 2, 1965 account of Carrier taking Claimant out of service on that date and not according Claimant a hearing in violation of the agreement between the parties.
OPINION OF BOARD: It is Carrier's position that based on reports of poor service rendered in its dining cars by Waiter Walter L. Terry, who was assigned to a twin unit dining car on the Twentieth Century Limited, it concluded Waiter Terry "lacked fitness and ability on the twin-unit dining cars and also lacked fitness and ability to work on smaller cars where but a single waiter was assigned."
On June 2, 1965 Carrier advised the Claimant: "You presently lack fitness and ability for work as dining car waiter. Accordingly, you are hereby disqualified for service in that classification."
Carrier advised the Organization Claimant "has been disqualified under Rule 4 (a)."
That Rule covers the subject of Qualifications, but a careful reading of the Rule reveals that it is related solely to the exercise of seniority-bidding and displacement rights, and promotions to higher rated positions covered by the agreement-in all of which the management is the sole judge of the applicant's qualifications for the job he seeks.
The effect of Carrier's action was to suspend him from further service as a Dining Car Waiter. Rule 6 states that employes shall not be . . . suspended . . . without a fair and impartial trial." Claimant was not accorded a trial.