Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 42503 Docket No. MW-42231 17-3-NRAB-00003-130205
The Third Division consisted of the regular members and in addition Referee Robert A. Grey when award was rendered.
(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference
PARTIES TO DISPUTE: (
(Union Pacific Railroad Company (former Southern ( Pacific Transportation Company [Western Lines])
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier unjustifiably and unfairly disqualified Claimant Marcos Lozano as a water service mechanic on Gang 8110 by letter dated December 15, 2011 (System File RC-1207S-451/1565321 SPW).
(2) As a consequence of the violation referred to in Part (1) above, the
Carrier shall rescind Claimant M. Lozano's disqualification; return him to the water service mechanic position with Gang 8110; provide him proper training; and, pay him the difference in wages from December 15, 2011 and continuing until he is placed back on the water service mechanic position with Gang 8110."
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Award No. 42503 Docket No. MW-42231 17-3-NRAB-00003-130205 Parties to said dispute were given due notice of hearing thereon.
The Claimant was given timely and sufficient notice pursuant to Rule 8(b) [entitled: "FAILURE TO QUALIFY"] that he "fail[ed] to meet the necessary requirements" of the Water Service Mechanic position.
Pursuant to Rule 10(g) [entitled: "DISQUALIFICATION "], an employee "who fails within a reasonable time to demonstrate fitness and ability will vacate the position from which disqualified . . ."
The Claimant was given reasonable time, but did not demonstrate fitness and ability as a Water Service Mechanic.
The Organization has not proven that the Carrier's decision was irrational, arbitrary or capricious. Nor has the Organization proven that the Carrier was required to provide the Claimant with Water Service Mechanic training during the time Claimant occupied said position.
The Organization's remaining arguments are unpersuasive on this record.
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 11th day of January 2017.