Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Fmployes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The removal of Foreman R. E. Parks' name from
CLAIM: the Rank 1 (Foreman) and Rank 2 (Assistant Fore
man) seniority roster for his alleged "inability
to perform the duties of a foreman while working
with Gang 9-394" was without just and sufficient
cause.
2. Claimant shall be reinstated to his foreman's
position on Gang 9-394 with his Rank 1 and Rank 2
seniority restored and compensated for all wage
loss suffered as a result of this demotion.
FINDINGS: Claimant, an employe with five years overall
service including 22 years as foreman, was re
lieved of his duties as foreman on the ground of
..4,3 -·owo 31
inability to perform them. After a hearing had been held in
the matter, his name was removed from the Foreman and Assistant
Foreman seniority roster.
While we have some reservation regarding a conclusion based on the testimony of one supervisor that a foreman
with
22
years experience in that position lacks the necessary
competente to discharge his responsibilities, we are not satisfied
that on this record it is appropriate for this Board to substitute
its judgment for that of Carrier. The record contains credible
evidence that claimant's gang was extremely late in beginning
work on at least three occasions, that the gang improperly placed
ties in other instances and thatclaimant failed to carry out
instructions in important respects. There is no evidence that
personal animus or any other improper consideration played a part
in Carrier's decision.
AWARD:
Claim denied.
Adopted at Louisville, Kentucky, _bt-7,
[r1m
PjOO_
i Z,
1980.
l ,.
i. ,
Harold M. W*on, Chairman
Membe