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:
(Kansas City Southern Railway Company
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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nan77J . ver - Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1990.