NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25351
Robert W. McAllister, Referee
(David Cirone
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Disqualification of David Cirone as M. W. Repairman Foreman on August
17, 1981. Mr. Cirone was disqualified as a result of not possessing a valid
driver's license.
As a result of Mr. Cirone being erroneously disqualified, he should be
paid the difference in rate between Repaizman and Repairman Foreman, .25¢ per
hour incentive pay, and any overtime worked by the employee who filled his
position between 8-17-81 and 8-28-81. Mr.Cirone's name should be placed on the
Repairman Foreman's roster as of 8-17-81 and the letter of disqualification
removed from his file.
OPINION OF BOARD: The Claimant, David Cirone, was employed by the Carrier on
April 14, 1980, as a trackman. On August 17, 1981, he was
awarded the bulletined position of MW Repairman Foreman. Carrier asserts Claimant
was at all times made aware that to be awarded the position, he would be required
to .show proof he possessed a valid driver's license. On August 17, the Carrier
disqualified the Claimant for not possessing a valid driver's license.
The Organization takes the position the job of Repairman Foreman did
not require a driver's license. The Carrier contends it provides Repairman
Foreman with a vehicle to perform his duties, which include the pick-up and
delivery of repair parts, transportation of and the use of the welding machine
on the vehicle. Additionally, the Carrier argues the distance from one work
location to another necessitates the use of such a vehicle, and the operation
of that truck is incidental to the primary duties of the Foreman job.
The Board's review of the record discloses no evidence which refutes
the Carrier's claim that the job of Repairman Foreman requires the Claimant to
possess a valid driver's license. On the contrary, we find probative evidence
that this requirement is, in fact, reasonable and not arbitary or capricious,
as asserted.
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 Efiployes 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.
Award Number 25212 Page 2
Docket Number MS-25351
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nanc~opever - Executive Secretary
Dated at Chicago, Illinois, this 11th day of January 1985.