NATIONAL RAIIROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-2+062
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al:
On behalf of P. A. Hollins for the
difference in
pay between an
assistant signalman and signalman, that his seniority rights be restored in
the signalman class, and that he be placed back on the signalmari fob he was
on prior to being disqualified, because Carrier violated Rule 2(e)(4) and
(7) of the Signalmen's Agreement." (General Chairman file: SR-150. Carrier
file: SG-1127)
OPINION OF BOARD: The Claimant was promoted to the position of Signalman as
of September 3, 1979, and was notified of his disqualification
on November 6, 1979.
The Organization has made two contentions in support of the claim:
First, that the Claimant had not been given a fair opportunity to qualify
because he was not afforded a period of sixty-five eight-hour days of service,
allegedly required by the Agreement, to show sufficient aptitude to learn
the work. Second, that the Claimant was disqualified for reasons unrelated
to his work performance.
The record shows that the Claimant's mediate supervisor had given
him detailed unsatisfactory ratings for each of three successive time periods
of his service in the course of the assignment. The Organization has not
persuasively challenged the controlling weight of this significant evidence.
The Board does not read the phrase "within a period of sixty-five
eight-hoes days of service" as it appears in Rule 2(e)(4) to mean that the
employe must remain in the assignment for that entire number of days before
he may be disqualified. In our view, the language permits the Carrier to
judge the employe to be unqualified on the basis of his performance during
such period of time before the completion of sixty-five eight-hour days of
service as may be reasonable is the particular circumstances. (See Third
Division Award No. 13+71). We reject the Organization's contrary interpretation.
Thus it has been 'clearly established that the disqualification was
properly based on significant negative work-related evaluations justifying
the Carrier's action before the end of the sixty-five day period.
The Board concludes on this record that the Carrier's determination
of November 6, 1979, constituted a reasonable exercise
of
its authority to
fudge whether the Claimant had shown sufficient aptitude to learn the work of
Award Number 23870 Page 2
Docket Number SG-21+062
e Signalman. Accordingly, we may not disturb the determination. (See:
Third Division Awards Nos. 11780; 2121+3; 27.328; 21676).
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, 193+;
That this Division of the Adjustment Board has jurisdiction aver
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSThENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of May, 1982.
~.`=.C.~ I
i/
;%
~~
n _ . i I
\ , 1~4
L
a,