Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28262
THIRD DIVISION Docket No. MW-27608
90-3-87-3-43
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The disqualification of Mr. K. Grenier as a B&B mechanic on June
11, 1985 was improper, without just, sufficient or reasonable cause (System
Docket CR-2176).
(2) The Carrier shall return the claimant to the position of B&B
mechanic with seniority as such dating from May 13, 1985 and he shall be
compensated for all wage loss* suffered from the date of disqualification
until the date he is restored to the position of B&B mechanic.
*Net wage loss is the difference between what he would
have been paid at the B&B mechanic's rate and what he
was paid at the rate of a lower rated position."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was discharged from military service in the Spring of 1985.
Since Claimant held seniority while in the service, he returned to work and
bid a B&B Mechanics position of Savannah, New York. After an interview with
Claimant, Carrier officials concluded that he was not qualified to perform the
work of the position he bid. They denied it to him. Claimant thereupon filed
a Veteran's Discrimination Complaint with the Department of Labor. After some
discussion between Carrier officials, Claimant, and government officials, as
agreement was reached whereby Claimant was given 30 days to qualify on the B&B
Mechanics job he bid. At the conclusion of the 30-day period, Claimant was
declared unqualified. He filed the instant grievance that is now before this
Board.
Form 1 Award No. 28262
Page 2 Docket No. MW-27608
90-3-87-3-43
This Board has reviewed the record and is compelled to conclude that
Claimant was given a proper chance to qualify as a B&B Mechanic, but failed to
meet the minimum requirements of that position. The record does not contain
any indication that Claimant was not treated fairly or that his opportunity to
qualify was not properly granted.
This Board can find no basis in the record to conclude that Claimant
was a qualified mechanic or was unfairly evaluated by Carrier.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Z.O. - /./ ~~
'Plancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.