Award
No.
Case No. 10
(Brotherhood
of
Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway (former St. Louis(San Francisco Railway Company)
STATEMENT OF CLAIM:
1. The Carrier vloiated the current Agreement when Mr. R. L. Jones was
disqualified from a position responsible to operate a CAT 931 Loader.
2. As a consequence
of
the Carrier's violation referred to above, Claimant
should be placed back on the position from which he was removed and
compensated for alt earnings lost due to the disqualification.
FINDINGS
Upon the whole record and all the evidence, the Board finds
that
the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the
Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject
matter, and the Parties to this dispute were given due notice of the hearing thereon.
Pursuant to the disciplinary rule, if an employee feels he is unjustly treated by the
Carrier, he can request an unjust hearing.
Claimant had bid on and was assigned to a machine as an operator, then after being
assigned, the Carrier discovered he knew next to nothing about the operation of that machine
and disqualified him from that position.
Claimant believed the Carrier unjustly disqualified him without offering him sufficient
training although admitting that he had had no experience in operating the equipment. . The
officer in charge states that In such situations he attempts to assign a qualified operator to
work with and train the novice when possible, but In this instance, there was no one available,
and thus, he was disqualified.
In unjust hearings, the substantial evidence rule Is reversed. The employee requesting
/a&6 - !o/0 3
Award No.
Case No. 10
Page 2
the hearing must present evidence to substantiate his charge of being unjustly treated. The
Carrier has only to defend itself.
Claimant, during the Investigation, alluded to several others who lacked experience who
were assigned and learned on the job, but Claimant's statements were mere assertion of facts,
and without proof, they remain assertions. Claimant failed to substantiate Its complaint of
bolnp treated unjustly. Under the rule, Carrier's actions were proper.
AWARD
ORDE
This Board, after consideration of the dispute identified above, hereby orders that an
award favorable to the Claimant(s) not be made.
Claim dented.
AL~
obert L. Hicks, 'Neutral Member & Chairman
bated:
i4,pl-; 1,3
0~ ) ~ `? 9
.`iAY - 6 1999
_ W A:rLV:\N'S OFFICE
rtDER`;TION &MM
a~r:u.ri_-LU.N 10.