PARTIES TO DISPUTE:

STATMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier's disqualification of Ballast Tamper (Multiple) Operator G. R. Morentin as operator of Ballast Tamper No. 112RC Canron Model ETGD (assigned to Extra Gang No. 43) on January 23, 1979 was improper, without just, sufficient or reasonable cause and in violation of the Agreement (System File MofW 36-212).
(2) Because of the aforesaid violation, G. R. Morentin shall be permitted to displace the operator of Ballast Tamper No. 112RC assigned to Extra Gang No. 43; be accorded on-the-job training as is necessary for him to become proficient in the operation thereof; be allowed the difference in what he received in a lower rated position and what he should have received as operator of Ballast Tamper NO. 112RC, beginning January 23, 1979; be allowed all expenses incurred as presented and itemized on expense sheets and be compensated for all time expended traveling to and from the position on which he was required to displace.
(3) The discipline (letter of reprimand dated April 23, 1979) was improper and unwarranted and same shall be expunged from the claimant's personal record because of the Carrier's failure to hold and conduct an investigation in compliance with the procedural requirements of Rule 45(a).
OPINION OF BOARD: Claimant G. R. Moretin, a Ballast Tamper (Multiple) Operator
 with class 6 seniority, returned to work from an authorized
 leave on January 22, 1979. During his absence his position was abolished and
 Claimant bid into a position requiring him to operate a new model ballast tamper
 No. 112RC. After the second day of training Claimant was notified that the
 Carrier did not accept him on the new machine under Rule 8 (c) "as you do not
 meet the necessary qualifications to operate this machine".
It is well established that management can consider an employee's basic fitness for a position as well as the seniority factor (Third Division Award 21243). Therefore, the issue reduces to whether or not Claimant, under Rule 8, was given sufficient opportunity to acquire proficiency on a new and more complex piece of equipment than he had heretofore operated. Although the training period afforded Claimant on the new machine would appear to have been rather brief, an examination of the record establishes that even though the new machine had some similar features with those he had already operated, there was no reason to believe that more extensive training at that time would have been beneficial. Claimant did not master the first phase of training after two days, even though the average time needed for that operation appears to 1e
                    Locket Number MW-23846


a half a day. More important, there is nothing in the record to refute the assertion by his supervisors that Claimant, despite his relatively slow progress, was not receptive to instruction. Under these circumstances there was no need to prolong the training period for a seemingly reluctant student. There is no basis in the record for granting the claim for expenses on the job Claimant worked after his 112RC training was terminated. The part of the claim dealing with a letter of reprimand has been resolved on the property so this matter is moot. The agreement was not violated.
        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 Rnployes 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.


                        A WAR D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
 Nancy.,Deyver - Executive Secretary
Dated at Chicago,V
              Illinois this 30th day of March, 1984


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                                    i / ~.I';; 2't 1',84


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