The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.
The claim herein presents a situation where the Claimant was temporarily disqualified from his Lead Signal Maintainer position when he failed to maintain his qualification. The record establishes that he twice failed the "Employee-in-Charge" portion of the annual Rules examination on two successive attempts, which triggered the disqualification in accordance with Carrier policy. Form 1 Award No. 36062
Despite the Organization's professed lack of knowledge of the testing requirement and its asserted inapplicability to the Claimant's situation, it is clear the testing had been done in response to an FRA requirement for nearly two years prior to the instant disqualification. Moreover, the Claimant had previously passed the test in 1996 and 1997.
The Claimant recovered from the disqualification by successfully passing the next scheduled weekly examination.
It is well settled that Carriers have the right to determine reasonable qualifications for positions. We do not find that discretion to have been abused here. In addition, the Agreement preamble and other Rules cited by the Organization did not restrict the Carrier's action. Moreover, the FRA mandate is undisputed. Consequently, we do not find the Agreement was violated.
This Board, after consideration ofthe dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.