NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21804
James F. Scearce, Referee
(Brotherhood of
Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8254, that:
1. Carrier was unreasonable and unjust in its decision to
disqualify Mrs. M. A. Miller on her bid for Job No. 624, Bulletin No. 18,
dated August 15, 1975.
2. Carrier shall now be required to place Mrs. Miller on Job
No. 624 and compensate her for any loss in pay.
OPINION OF BOARD: This dispute centers on Carrier's disqualification
of Claimant from her bid on Job Number 624,
Station Accounts Clerk, on August 15, 1975.
In deciding these fitness and ability cases, we have refused
to set aside the decision of Carrier if there is substantial evidence in
the record which shows the decision was made on valid reasons and was
not arbitrary or capricious. Further, we have held that when an employe
asserts the necessary qualifications for a position, it is that employe's
burden to prove that he or she possessed basic qualifications for the
position.
Applying these principles to the facts of this record, we have
concluded that Carrier's judgment to not accept the Claimant's bid for
position No. 624 was based on valid reasons and was not arbitrary or
capricious. There was substantial evidence introduced by Carrier during -
the hearing establishing that while Claimant had worked this position
on a temporary basis, she had been unable to perform even the routine
duties of the
assignment without
constant supervision-and, notwithstanding
the fact that she was given more than sufficient instructions and assistance,
was unable to correctly perform the duties of the job. Hence, we think
Carrier's decision was sound and we find nothing in the record which
Claimant had introduced during the hearing evidencing that she was
qualified or that Carrier's decision was arbitrary or capricious.
Award Number 2
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Page 2
Docket Number CL-21804
Accordingly, we will deny the claim.
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
The Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this
28th
day of
February
1978.
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