PROCEEDINGS BEFORE PUBLIC LAW BOARD~3~5~3
Case No. 7
Referee Fred Blackwell
Carrier Member: Robert O'Neill Labor Member: Edward Fusco
PARTIES TO DISPUTE: ,
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM: -
System Docket CR-.2718 - Incident to claim in behalf of
A. Marapodi, Sheet Metal Worker, Beacon Park, for eight hours pay
per day at the pro rata rate commencing January 11, 1983 and continuing until restored to his former position account alleged violation of Classification of Work Rule, and Rules 3-A-1 and 3-E-3of the Schedule Agreement.
FINDINGS:
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended,
and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.
OPINION
This case arises at Allston, Massachusetts, where the
Claimant held a Plumber-Leader position with the Beacon Park Bridge
and Building Department which is headquartered at that point. In
i~, v
P.L. Board No. 3403 - Award. No. 6, Case No. 7
January 1983 the Plumber-Leader position held by the Claimant and
two other Plumber positions at Allston, were abolished; a new
Plumber-Leader position was advertised at the same location on
January 4, 1983, under a stipulation that a motor vehicle driver's
license was required in order to be awarded the position. The
Claimant, who did not possess a motor vehicle license, bid on the
Plumber-Leader position, but the award went to a junior Employee
who had a driver's license. The Claimant was furloughed as a result of not having sufficient seniority to displace to another
position, and he-was on furlough status from January 7 to March
28, 1983.
Claim was filed in the Claimant's behalf, on the ground
that the driver's license requirement was invalid under the parties' Agreement; and request was made that the Claimant be placed
in the Plumber-Leader position and paid for
all
time lost.
After due study of the foregoing and the whole record
the Board concludes that the information of record makes no showing that the Carrier acted improperly by requiring the incumbent
of the Plumber-Leader position to possess a -motor vehicle driver's
license. Moreover, the record affirmatively reflects that the
Carrier was instituting force reductions throughout the system,
and that the licensing requirement was made a -part of the require-
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P.L. Board No. 3403 - Award. No. 6, Case No. 7
ments of the position so that the Plumber-Leader would be able to
drive himself to various work locations. Otherwise the Carrier
would be forced_to the inefficient and expensive alternative of
finding a means of transporting the Plumber-Leader to his work
sites. The record also indicates that although the Claimant was
given notice in February of 1982 concerning the upcoming requirement for the incumbent of the Plumber-Leader position to possess a,
motor vehicle driver's license, he had not acquired a driver's license when the requirement was instituted in early 1983. Accordingly,-in light of the record as a whole, the Board finds no basis
on which to conclude that the Carrier's action of instituting the
driver's license requirement was unreasonable or arbitrary, or in
contravention of any cited rule or Agreement provision, inclusive
of Article II (A), and Rules 3-A-1(a) and 3-E-3. The claim must
therefore fail for lack of record support.
AWARD:.
Claim denied.
BY ORDER OF PUBLI L W B NO. 403.
Fed kackwell, Neutral Member
3
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--Lo
f
P.L. Board No. 3403 - Award No.
6,
Case No. 7
Robert dyNei11, Carrier Member Edward sco, Labor Member
Executed on,Qt~-. , 1985.