The Claimant entered service and established seniority on September 7,1977 on the former C&NW. He was promoted and established a seniority date of September 5, 1988 as an Interdivisional Track Machine Operator (TMO). Following the merger of the former C&NW with the Union Pacific Railroad, his name and seniority dates were dovetailed onto the Carrier's system gang seniority rosters as a Group 26, Class C TMO in accordance with the parties' August 1, 1998 Implementing Agreement.

On January 4, 1999, the Claimant exercised his seniority rights as a TMO and was assigned to operate a Pettibone 441-D Speed Swing on System Gang 9031 at Fairbury, Nebraska. On January 12, 1999, he received a notice from his Supervisor informing him that he had been disqualified from the position.

The Organization protested the disqualification and requested an Unjust Treatment Conference which was held on March 4, 1999. The parties were unable to resolve the matter and the Organization subsequently filed the instant claim.

The evidence and arguments presented during the on-property handling of this claim are virtually identical to that presented in the case of K. L. Vermillion, who was also disqualified as a Speed Swing Operator during this time frame. The propriety of that disqualification was addressed by the Board in Third Division Award 36036. For the same reasons expressed therein, we find that the record supports the disqualification and that the Carrier's determination was not arbitrary or capricious. Accordingly, the claim is denied.

AWARD