. -' PUBLIC LAW BOARD N0. 2142
Award No. 18
Case No. 16
Docket No. MW-1131
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Illinois Central Gulf Railroad
Statement Carrier violated the effective Agreement on April 7, 1977, by unfairly and
of arbitrarily disqualifying Clraimant C. Evans from the position of Motor Car
Claim Repairman.
2. Claimant C. Evans shall be reinstated to the position of Motor Car Repairman,
compensated for the difference in pay between Motor Car Repairman and Trackman
for time lost 4-7-777 and the date he is reinstated.
Findings The Board, after hearing upon the whole record and all evidence, finds that
the parties herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, that this Board is duly constituted by Agreement dated
January 23, 1978, that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant was in Carrier's service some twenty-one years prior to his promotion
to the position of Motor Car Repairman, on or about April 1, 1977. He was
assigned as a Motor Car Repairman at Hattiesburg, Mississippi. A Supervisor of
Equipment went to Hattiesburg on April 6, 1977 to observe Claimant perform his
duties as a mechanic. He alleged that he went there as a result of complaints
from the Supervisor that tie machinery and other equipment were not being properly
maintained. After observing Claimant on April 6 and 7 he told Claimant on the
7th that he should bid in the Section Foreman's job which was a job that he was
more familiar with and he told Claimant to report to his former position Monday,
April 11, because he was going to be disqualified as a mechanic.
The Employees avert that Claimant was not given full cooperation, that he
was harassed and that he was treated unjustly.
Award No. 18 ~~
Page 2
' Carrier states that Bulletin No. 86 posted the assignment on February 23, .
1977, which Claimant bid on and was awarded this position on March 9, 1977.
According to Carrier Claimant began the qualifying period on March 21, 1977.
It asserts that he had been given the assistance of a qualified mechanic for
the first seven days.
It has been long held that it is properly a function of management to determine
the fitness and ability of an employee for a particular position. In that
connection the Board's role is to determine whether or not, in the exercise
of such management judgment Carrier was being arbitrary or capricious. In
the instant situation there has been no demonstrated substantive basis for
showing that the Carrier had acted arbitrarily or capriciously. In other
words, the Employees failed to carry the burden of proof. In such circumstances
the Board is impelled to find that this Claim is without merit and must be
denied.
Award Claim denied.
. Palloni, Employee Member .'H ,Carrier Member
~~..-!
,~'ewtz~
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, April 18, 1979.