NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-23694
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPf?rE:
(Seaboard Coast Line Railroad Company
STATEMBNT OF CLAIM: "Claim of the~System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned and used
A. Hicks instead of P. A. Boles to fill vacation vacancies of welder at the
Savannah Rail Welding Plant beginning in July
1978
(System File C-4.(36)-PAB/
12-8(79-20) J).
(2) Claimant P. A. Boles shall be allowed the difference in what he
received as welder helper sad what he should receive at the welder's rate of pay
beginning is July
1978
and continuing until October 1,
1978."
OPINION OF
BOARD: An individual who was junior to the Claimant was used to
fill a temporary position of Welder at the Savannah plant.
The position at issue was a vacation relief vacancy and the junior
employee was used because the Claimant was not qualified to operate the welding
machine at that. period of time. Further the Carrier disputes the basis for
the claim an the grounds that the vacation relief position is not a training
position.
While the matter was snider review on the property, the Carrier
indicated that the
Claimant
did not seek to perform work unless absolutely
necessary because of a physical condition and that after he became qualified
to operate the welding machine he has bees used for relief is that regard.
The Organization insists that the Claimant was net qualified to perform
work an the welding machine in question because the Carrier had never afforded
him the opportunity to qualify even though, according to the Organization, the
Claimant made known his desire to be qualified.
r
We have considered the Award cited by the Organization sad have paid
particular attention to Third Division Award No:
16960
which held that training
of personnel to handle new equipment is a joint responsibility and that the
initiation must come from management. Nonetheless, is order to sustain a claim
such as this there must be a showing that the Carrier refused to take reasonable -
steps to qualify the senior employe under all of the circumstances of record.
The Carrier has given rather plausible reasons for the fact that a junior employe
qualified prior to the senior employe and we find no basis to rule that there
was a contractual violation is this particular case, under these facts of record.
Award Number
24093
Docket Number
NW-23694
Page
2
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 Employee 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.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of January
1983.