NATIONAL RAILROAD ADJUSTMENT BOAR
THIRD DIVISION Docket Number MW-20687
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Akron, Canton & Youngstown Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it assigned _Track
Foreman E. Picklesimer instead of B&B Carpenter F. E. Newman to relieve
BBB Foreman E. J. Cole from August 7, 1972 through September 1, 1972.
(2) The Carrier shall now pay to Claimant F. E. Newman the
difference between the B&B foreman's rate and the B&B Carpenter's rate
for all time worked by Track Foreman E. Picklesimer as a B&B foreman from
August 7, 1972 through September 1, 1972.
OPINION OF BOARD: The work performed was that of installing switch
plates beneath the rail and securing them to the lat
eral girders of the bridge to allow safe passage of trains. The claimant
admitted he could not supervise this type of work. The employe used to
supervise this work was a qualified foreman, senior in service, with exper
ience in the work scope.
This Board has long recognized that the determination of fitness
and ability is a prerogative of management and that such a determination
will be sustained unless it appears that the action was arbitrary or capricious. There is no evidenc
Accordingly, the claim must 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 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
Award Number 20700 Page 2
Docket Number MW-20687
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
AOAI,
-0, By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1975.
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