NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30110
Docket No. MW-29375
94-3-90-3-288
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corp.
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The Agreement was violated when the Carrier
advertised a repairman position at the Easton
Repair Shop on Bulletin No. ER-10-88 dated December
27, 1988, which included the requirement: `***
Must have valid operator's Class I, II and III
license, perform work in connection with operation
of tractor trailer and boom truck
....'
(System
Docket MW-381).
2. As a consequence of the aforesaid violation, the
Carrier shall:
`(1) Remove the following from Bulletin No. ER-1088:
Qualifications & Duties: "Must have valid
operators Class 1, 2 and 3 license, perform
work in connection with operation of tractor
trailer and boom truck,.."
(2) Remove the "must have valid operators
license..." from all the qualification and
duty requirements from all the repairmen
positions advertised at M/W Repair Shop,
Easton, PA.
(3) Advertise three (3) vehicle operator positions
at the M/W Repair Shop, Easton, PA."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
Form 1 Award
No. 30110
Page 2 Docket
No.
MW-29375
94-3-90-3-288
The carrier or carriers and the employe or employes involved
in this dispute are respectively carrier and employe 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.
On December 27, 1988, the Carrier posted a bulletin for a
position as MW Repairman at Easton, Pennsylvania. Included in the
"Qualifications and Duties" was the following:
"Must have valid operator's Class I, II, and III license,
perform work in connection with operation of tractor
trailer and boom truck, . . ."
Previous bulletins for the same position had instead stated
simply, "Must have valid operator's license."
The Claim seeks the following remedies:,
(1) Remove the following from Bulletin
No.
ER-10-88:
Qualifications & Duties: "Must have valid
Operators Class 1, 2 and 3 license, perform work in
connection with operation of tractor trailer and
boom truck . . ."
(2) Remove the "must have valid operator's license"
from all the qualification and duty requirements
from all the repairmen positions advertised at M/W
Repair Shop, Easton, PA.
(3) Advertise three (3) vehicle operator positions at
the M/W Repair Shop, Easton, VA.
The thrust of the action sought by the organization is not
only to require removal of the Class I, II, and III license
requirement, but also to remove all truck operation from existing
MW Repairman positions and presumably turn such work over to
vehicle operator positions.
As to the second requirement, there is obviously no basis on
which the Board can consider the removal of pre-existing position
requirements (vehicle operation). It is equally obvious that the
Board is without authority to require establishment of new vehicle
Form 1 Award No. 30110
Page 3 Docket No. MW-29375
94-3-90-3-288
operator positions, absent any showing of specific contractual
mandate to do so.
What is left is whether there is any Rule violation in the
Carrier's unilateral revision of the qualifications and duties of
a position. The Organization demonstrates, through reference to
other Awards, that changing such requirements may be prohibited if
it can be shown that the carrier is acting in an arbitrary or
capricious manner, where no logical connection with the position
can be shown. Further, such action may be in violation of
seniority rights if such changes are made solely in an attempt to
treat a specific employee in a disparate manner.
Review of the facts as presented does not persuade the Board
that the Carrier acted here in such a manner or beyond its
discretionary authority to determine the qualifications for a
position. It is true that the Carrier apparently did not impose
the additional license requirement on existing MW Repairmen. This,
however, does not mean that the Carrier is without authority to do
so in a prospective manner.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ct"t.L
~4,;,I I"
Catherine Loughrin nterim Secretary to the Board
Dated at Chicago, Illinois, this 4th day of April 1994.