Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36564
Docket No. MW-34443
03-3-98-3-63
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
1. The Agreement was violated when the Carrier assigned Mr. B. E.
Carter to a B&B foreman position at River Rouge effective August
5,1996 and improperly disqualified him from said position by letter
dated August 6, 1996 without permitting him a reasonable
opportunity to qualify or to demonstrate his ability and qualification
to -perform the duties assigned to said position (System Docket
MW-4537).
2. As a consequence
of
the violation referred to in Part (1) above, Mr.
B. E. Carter shall be given ample opportunity to qualify for the
B&B foreman position, a B&B foreman seniority date
of
August 5,
1996 and he shall be compensated for all wage loss suffered with
proper credits for benefits."
FINDINGS:
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.
Form 1 Award No. 36564
Page 2 Docket No. MW-34443
03-3-98-3-63
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant held seniority in the Track Subdepartment dating from December
1976 and held seniority on the Detroit District, Dearborn Division dating from
September 18, 1989.
On July 30, 1996, the Claimant was awarded a B&B Foreman position at River
Rouge effective August 5, 1996 pending qualification. On August 5, 1996, the Claimant
reported to work two and one-half hours late as a result of a flat tire. The Claimant was
given a different location to report on August 6, 1996. On that date, the Claimant was
again late after he became lost. On August 6, 1996, the Claimant was disqualified from
the Foreman's position. This claim followed.
Rule 3, Section 2 - Qualifications for positions provides:
"In making application for an advertised position or vacancy, or in the
exercise of seniority, an employee will be permitted, on written request, or
may be required, to give a reasonable, practical demonstration of his
qualifications to perform the duties of the position."
The determination of an employee's qualifications rests with the Carrier, subject
to that determination not being arbitrary or capricious. The Claimant was disqualified
from a supervisory position because he did not demonstrate that he could report to work
on time. Given the short period of time that transpired, perhaps the Carrier's decision
that the Claimant did not demonstrate his qualifications was debatable. However,
because the position was a supervisory one, we cannot say that the Carrier's decision to
disqualify an employee from a supervisory position because the employee could not
report to work on time on two consecutive days was arbitrary.
We also note that the Claimant was subsequently dismissed for failing to report
to work on days in August 1997, which dismissal was upheld in Public Law Board No.
3514, Award 642. That Award moots any requested relief in this case for the Claimant
after his dismissal.
Form 1 Award No. 36564
Page 3 Docket No. MW-34443
03-3-98-3-63
The claim shall therefore be dismissed.
AWARD
Claim dismissed.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 16th day
of
June 2003.