Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41508
Docket No. MW-41811
13-3-NRAB-00003-120047
The Third Division consisted of the regular members and in addition Referee
Dr. Lou Imundo when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARTIES TO DISPUTE: (
(BNSF Railway Company (former Burlington Northern
( Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier's decision to disqualify (not allow further training)
MDZ trainee L. McKinnon as a machine operator on SC-29 by
letter dated March 22, 2010 and its August 20, 2010 decision
(following the formal hearing held on August 4, 2010) to uphold
said disqualification was improper, unwarranted and in violation
of the Agreement (System File C-10-D090-3110-10-0508 BNR).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant L. McKinnon shall now ". . . be given a real chance to
learn and qualify on the MDZ 2000 tamper. "**"'
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 4150$
Page 2 Docket No. MW-:11811
13-3-NRAB-00003-120047
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.
Parties to said dispute were given due notice of hearing thereon.
The Organization did not provide substantive evidence to support its claim that
the Claimant should be given another chance to qualify as a Machine Operator.
AWARD
Claim denied.
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 19th day of February 2013.