NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19926
(Beulah E. Tats
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT
OF
CLAIM: Claim of Beulah E. Ball that:
(1) Carrier violated the current Clerks' Agreement in
failing to accept displacement notice of Mrs. Beulah E. Ball on
position of Clerk-Engine Dispatcher at Kansas City, Kansas,
effective November 9, 1968.
(2) Carrier shall now compensate Mrs. Beulah E. Ball for
all time lost during the period November
9,
1968 through December 9,
1968, and for the difference in compensation of Steno-Clerk and
Clerk-Engine Dispatcher beginning December
9,
1968 account Carrier
disqualifying Mrs. Ball from position of Clerk-Engine Dispatcher.
OPINION OF
BOARD: Petitioner has not shown that Carrier's determina
tion of claimant's fitness and ability was arrived
at in an arbitrary or capricious manner. See Third Division Awards
15164, 15165, 16546, 16480, 17948 and 18286 (Referee Dorsey).
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 Employes 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.
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 29th defy of March 1974.
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