PARTIES Brotherhood of Maintenance of Way-Employes
 _TO
 DISPUTE: and
 °· Seaboard System Railroad (former 'L&N Railroad)
 STATEMENT 1. Carrier violated the agreement when it im
 OF
 CLAIM: properly disqualified R. L. Johns as Back Hoe
 ° Machine operator on October 15, 1982.
 ' 2. Claimant shall now acquire seniority as Back
 Hoe Machine Operator as of October 15, 1982 and
 shall be compensated for all earnings lost and
 expenses incurred because of violation referred
 to above in paragraph 1.
 FINDINGS: This dispute concerns the back hoe, a rather
 complex and expensive piece of machinery. The
 claim is that R. L. Johns was wrongfully dis
 qualified as a back hoe operator.
 As the senior applicant, he was permitted to
          occupy a vacant back hoe operator position on April 15, 1982.

          After he had worked in the position for about a week, the Road

          master reported that he was not progressing in a satisfactory manner

          in handling the equipment. He was allowed to continue in that

          position, however, until on April 26, 1982, he struck a dwarf

~2 3j, 3== ,4w~ 107 2

    signal with the back hoe and thereby caused damage to the signal.

                  Claimant was then removed from the position, but _

    was subsequently awarded the position by bulletin of September 29,

    1982, subject to qualified, since he was the senior now-qualified

    applicant. However, he was again found unqualified in Carrier's

    opinion to handle the machine and was disqualified on October 15,

    1982. .°

    In all, he was allowed about 5 1/2 weeks to demonstrate his ability to operate the back hoe. There is' no evidence that he was subjected to unfair discrimination or that any improper consideration prompted Carrierto disqualify him. Nor is there convincing proof in the record that he was a competent back hoe operator. Petitioner's assertion that claimant had previously, in 1975, qualified on a back hoe is unsupported by the evidence.

    In the absence of any showing that Carrier's assessment of qualifications was unreasonable. or cavalier, no basis exists for a sustaining award. Certainly, claimant was afforded ample time to meet Carrier's qualifications.


    AWARD: Claim denied.


                  Adopted at Jacksonville, Florida, ', (~ 1985.


                      ,, c

                      Harold M. Weston,' Chairman


'C rrier Member Employee Member