NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19163
(Brotherhood of Rail^oad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claim of the Gen.:ral Committee of the Brotherhood of Rail-
road Signalmen on th.: Long Island Rail Road:
SG-8-69 Mr. Ackley to be awarded position 4166 effective October 15,
1969, and made whole for all monetary losses so incurred because Mr. L. Valenti,
a junior man, was awarded this position on Bulletin 927 of October 16, 1969
(assignment effective October 15, 1969),
OPINION OF BOARD: On September 12, 1969, Carrier advertised for bid on T&S
Bulletin No. 925, Signalman Position No. 4166. Bid, on this
position were to be submitted and would be accepted by 12:00 Noon, September 19,
1969. Carrier states that this position required the holder of such position to
utilize a truck in excess of 18,000 tbs. Claimant and Signalman L. Valenti bid
on this position. Valenti was junior in seniority to Claimant. The involved
position was awarded to the junior employee, L. Valenti. Carrier contends that
one of the requirements for holding this position required the driver to hold a
valid New York State Class No. 3 Chauffeur's License. The Claimant did not possess such license, but
license. The Organization contends that the requirement of holding such Chauffeur's
license was not mandatory in order to maintain this position. The urganization
further contends that Carrier advertised other positions using the same language
and description on Bulletins for other positions without requiring the occupant
of such positions to maintain a New York State Class 3 Chauffcur's License.
The Organization further contends that by requiring such Chauffeur's License, the
Carrier has discriminated against this Claimant and a violation of Rule 49.
Carrier maintains that Claimant did not possess the necessary fitness and ability
to hold the disputed position, and that, therefore, the junior employee was awarded
the position.
This Board finds no probative evidence in the Record indicating that
Carrier discriminated against Claimant by awarding the involved position to the
junior employe. To the contrary, Carrier delayed awarding the position in order
to give Claimant an opportunity to qualify by obtaining the license required by
the State of New York. Having failed to obtain such license, Carrier had no alternative other than t
positions advertised in Bulletins using identical language except for the Bulletin
number, did not require the occupant of such position to operate the heavy truck
utilized in the position in question.
Award Number 19404 Page 2
Docket Number SG-19163
Carrier has the right to determine fitness and ability of its employes and absent a finding of a
Carrier in its determination, the decision of Carrier will not be disturbed.
See Awards Nos. 15494 (Zumas), 11780 (Zack), 3151 (Carter), 17040 (Franden),
17612 by this Referee, and many others. In this instance, there is no showing
that Carrier acted arbitrarily or capriciously. Therefore, this claim will be
denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Empkoyes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
44
Dated at Chicago, Illinois, this 15th day of September 1972.