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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25541
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THIRD DIVISION Docket Number MS-25517
. Stanley L. Aiges, Referee
(Dennis C. Hendry
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM:
"Mr. Hendry's claim is based upon unjust treatment arising from his
disqualification by the Seaboard System Railroad from Position No. 150, Head
Timekeeper, Savannah, Georgia, in February 2, 1982, and March 23, 1982. "
OPINION OF BOARD: Claimant entered the Carrier's service as a Clerk in the
Transportation Department in March, 1973. He was awarded
a Head Timekeeper Position (No. 150) in the Savannah, Ga. Division
Superintendent's Office on February 2, 1982. He was displaced by a senior
Employe, C. E. McWhorter, on February 8, 1982. McWhorter bid off that job on
February 16, 1982. The Head Timekeeper vacancy was advertised. Claimant bid
for it and was awarded it effective March 8, 1982. He was trained on the joh
until March 23, 1982, at which time he was advised that he was disqualified due
to "the numerous errors in time tickets and your apparent inability to progress
the work associated with the job satisfactorily".
Claimant's central position is that he did not receive a fair chance
to establish he was qualified to perform the job satisfactorily.
This Board has repeatedly and consistently held that a Carrier's
determination as to an Employe's fitness and ability to perform a job will not
be overturned unless it is established that its judgment was arbitrary,
capricious or unreasonable. Third Division Award Nos. 21328; 24829; 23050;
23051; 23063; 23064; 22980. Once a Carrier has reached a determination that
an Employe lacks sufficient fitness and ability, the burden falls upon the
Employe to present evidence of clear probative value that he has been treated
arbitrarily. The record before us does not contain adequate evidence to
support the claim. There is no basis for overturning the Carrier's assessment
of Claimant's fitness and ability. Accordingly, the claim must be denied.
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;
Award Number 25541 Page 2
Docket Number MS-25517
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: i
ancy J ver - Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1985.