NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21968
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8343, that:
(1) The Carrier violated the Agreement between the parties
when on September 4, 1975 it disqualified Mr. P. A. Walker from Second
trick Chief Caller position at Glenwood, Pennsylvania, and
(2) The Carrier shall, as a result of such action, be required
to compensate Mr. Walker an additional eight (8) hours pay each date
commencing September 5, 1975 and continuing for all subsequent dates,
plus overtime rate of pay for all service performed outside the second
shift hours of 3:00 PM to 11:00 PM each date, until restored to Second
trick Chief Caller position at Glenwood, Pennsylvania.
OPINION OF BOARD: After he was displaced by a senior employe, Claimant
exercised displacement rights to a Chief Caller
position. Carrier disqualified Claimant after he worked the position
for twenty-two (22) days. After a requested hearing was conducted,
Carrier reaffirmed the disqualification and this claim was instituted.
Claimant asserts, to this Board, that he
",gas
not afforded
thirty (30) days in which to demonstrate his ability to perform the
duties." However, allegations relative to this contention were not
raised while the matter was under review on the property and, accordingly,
they are not properly before us.
Rule 32(d) provides that Supervisors shall give employes "full
cooperation ...in their efforts to qualify for positions." Our review
of the record indicates to us that Claimant received full-time assistance
from fully qualified employes during the time he held the position.
Further, we find that at no time did Claimant seek assistance from the
Trainmaster or any other Supervisor. At Page 4 of the transcript of
the hearing, Claimant answered "Yes" when asked, "In your efforts to
qualify did Mr. V...and Mr. C...cooperate with you and answer your
questions?" That evidence, and the record as a whole, tends to contradict -'
Award Number 21932 Page 2
Docket Number CL-21968
the Claimant's contention that he was not given full cooperation in his
efforts to qualify.
Once a Carrier determines that an employe does not possess
sufficient fitness and ability, the employe assumes the burden of
presenting evidence to support his contention to the contrary. See,
for example, Award 21328.
We feel that Claimant received a fair and impartial hearing
and,after thorough review of the entire record, we are unable to find
that Claimant met the burden of proof to establish that he was qualified
to hold the position.
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,
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A W A R D ~/
t;`Aq 13 19 76
Claim denied.
J P
EER~
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
A,4V4GA.#,1,
Dated at Chicago, Illinois, this 28th day of February 1978.