Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28345
THIRD DIVISION Docket No. MW-27838
90-3-87-3-404
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The disqualification of Mr. G. C. Adams as locomotive crane helper on or about December 26, 1985 was without just or reasonable cause (Carrier's File 013.31-344).

(2) Claimant G. C. Adams shall be returned to his position as locomotive crane helper with seniority as such unimpaired, he shall be compensated for all wage loss suffered and he shall be reimbursed for actual necessary expenses incurred by him because of the violation referred to in Part (1) hereof."

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.



In January 1986, Carrier issued Bulletin No. 3, seeking bids for a Locomotive Crane operator. No bids were received from qualified employees seeking the vacancy. Claimant, a regularly assigned B&B employee, with National Guard crane operator experience, was afforded an opportunity to train for the position. After 58 days he was notified that he was disqualified. The issue before this Board is whether Carrier's determination of Claimant's qualifications violated the Agreement.
Form 1 Award No. 28345
Page 2 Docket No. MW-27838
90-3-87-3-404

Rule 12 of the Agreement requires that candidates for a position "... be given a fair chance to demonstrate their ability to meet the practical requirements of the position." It is basic that fitness and ability determinations are reserved to C to our satisfaction, that Carrier's determination of Claimant's fitness and ability was arbitrary or capricious, or for that matter was incorrect, nor, has it been demonstrated that he was not given "a fair chance" to qualify, as required by the Agreement.






                          By Order of Third Division


Attest:
        Nan77J . ver - Executive Secretary


Dated at Chicago, Illinois, this 27th day of April 1990.