Public Law Board No. 3794.
PARTIES, Brotherhood of Maintenance of Way Employes
DITFUTE: and
' Seaboard System Railroad
STATEMENT 1. The Carrier violated the Agreement when it im
CLATM: properly disqualified Mr. G. J. Yow as a Class III
(Backhoe) Machine Operator on October 8, 1982 [Sys
tem File P/R Yow, G. J./12-39 (82-1197) J21.
2. The claimant shall be compensated for all earnings
lost and for all expenses incurred because-of viola
' tion, referred to in Part (1) hereof.
FINDINGS: Claimant, a Trackman,:was awarded the position of
Machine Operator, Class III (Backhoe) effective
September 20, 1982.
Rule 8, Section 8(b), of the Agreement, prescribes
that a successful bidder for a track machine operator position shall
be allowed ten working days to qualify.
Claimant occupied the awarded position for ten days
ending October 6, 1982 and, in Carrier's judgment, showed unsatis
factory ability towards qualifying on the backhoe. Statements by
Roadmaster Lee and Section Foremen Beasley and Kinsey support Carrier's
decision in that regard.
379-//
z
' Petitioner's. position is that claimant was not disqualified within the ten-day period specified by Rule 8 Section 8(b)
and must therefore be deemed to have qualified for the position of
backhoe operator. The record establishes that claimant did fill the
backhoe position for 12 days.
There is nothing in this record that shows that it
was arbitrary and inconsistent with claimant's interests to allow him
to work two additional days before disqualifying him. The additional
days were the last two work days of claimant's scheduled work week and
gave claimant the benefit of two more days to qualify.. Rule 8 would
have.been violated if Carrier did not give claimant at least ten days
to demonstrate his ability; it was not inconsistent with its terms to
provide him with an additional two. days.
AWARD: Claim denied.
. Adopted at Jacksonville, Florida,
M&I,A
3~0 1985.
Har = lestqo, Cirhirman~
a `er Member Empoyel oyeT a Membe7~