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.



i. ,
Harold M. W*on, Chairman

Membe