NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20574
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Kansas City Terminal Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The disqualification of R. H. Beaman as assistant track
foreman on February 8, 1973 was without ,just and sufficient cause and on
the basis of unproven charges (System File MW-2.73.180).
(2) Mr. R. H. Beaman be restored to his position as assistant
track foreman with all rights unimpaired and reimbursement be made for
loss of earnings suffered.
OPINION OF BOARD: Claimant, as the senior applicant, was assigned the
position of Assistant Track Foreman on December 5, 1972.
Carrier disqualified him from the position after approximately two months
because it was not satisfied with his performance.
Claimant requested an investigation which was held on February
14, 1960. In the investigation Carrier showed that Claimant's ,job
knowledge was not up to the requirements of the position and that he was
not making any effort to correct the situation. His lack of skill extended to both the technical asp
supervise other employees. The Board has held, in cases such as this,
that when Carrier determines that an employee lacks the requisite
fitness and ability, the burden shifts to the employee to prove that he
or she possesses the requisite fitness and ability to occupy the position.
Claimant, on the record before the Board, has failed to sustain that
burden.
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 Employees 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 has not been violated.
Award Number 20461 Page 2
Docket Number MW-20574
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTmM HOARD
BY Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 25th day of October 1974.