PUBLIC LAW BOARD N0. 1582.
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: That the Carrier now reinstate Mr. Escalante
to his former position with compensation for all losses in the
wage differential between the student foreman's rate and trackman's rate commencing February 25, 1974. ,
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In, this dispute the claimant was employed as a student foreman.
On February 25, 1974 he was demoted to a trackman. The Organization contends claimant should be reinstated to his position as
student foreman and compensated for the difference in earnings
suffered as
a
result of the Carrier's action. The Organization
contends that the demotion was because the claimant had gained
weight instead of losing weight and that such action should not
be condoned. without an investigation.
The Carrier contends that because of the claimant's obesity, he
could,not pass the physical examination for promotion to fordman.
The Carrier takes the position that there is no class of "student
foreman".listed in the Maintenance of Way Agreement. Student
foremen are a group of employees who have been selected for training in preparation of promotion to foreman. (Group 3, Class 1)
The claimant's disqualification and/or removal from the student
foreman program did not fall under the purview of Article 3, Section 3., The Carrier has the unilateral right to remove. and/or
select employees for the student foreman program. The Board finds
no rule support for the claim.
AWARD: Claim denied.
reston
3
oore, Chairman
1
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Organization Member
January 2, 1976 CarriEU7 Member