Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42272 Docket No. MW-42250 16-3-NRAB-00003-130077

The Third Division consisted of the regular members and in addition Referee Louis V. Imundo, Jr. when award was rendered.

(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference

PARTIES TO DISPUTE: (

(BNSF Railway Company

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Carrier's decision on February 11, 2010 and on May 18, 2010 to disqualify Mr. C. Taylor from his TKO Machine Operator position on Gang TP-08 was unjust and in violation of the Agreement (System File S-P-1538-G/11-10-0424 BNR).

(2) As a consequence of the violation referred to in Part (1) above,

Claimant C. Taylor shall now '. . . have his position of Machine Operator restored and he should be re-instated with full seniority and be fully compensated for each and every day, including any overtime missed, and any and all benefits he would have otherwise been entitled, that the Carrier has held him off of his position, all at the Group 3/4 Machine Operator's rate of pay. ***'''

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 Page 2

Award No. 42272 Docket No. MW-42250 16-3-NRAB-00003-130077 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 Carrier acted properly in disqualifying the Claimant from the TKO Tie Inserter. The Claimant was required to demonstrate competency on the machine that he had bid on. Simply holding Group 3/4 Machine Operator seniority did not mean that he was qualified to competently and safely operate every machine in the Roadway Equipment Sub department. His Group 3/4 Machine Operator seniority date merely allowed him to bid on positions that operate machines in that classification. The Claimant was not treated unfairly. Given the foregoing, the claim is without merit and must be denied.

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 21st day of April 2016.