PUBLIC BOARD NO.

PLBNo. 7529

Award 133

Case No. 133

PAR11ES

TO THE DISPUTE:

vs.

Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters System File: 070704216

CSX Transportation, Inc.

Carrier File: 2016-209331

FINDlNGS

Referee: Sherwood Ma]amud

The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties.

Under date of July 5, 2016, Claimant D.W. Hodge signed an Attachment A expedited discipline handling form. Through this document, Claimant Hodge elected to submit the matter directly to arbitration.

FACTS

The Carrier hired Claimant on August 12, 2013. By letter dated May 9, 2016, Claimant's Welding Manager notified him of his disqualification as a Welder. Claimant challenged this decision. An investigatory hearing was held on June 9, 2016. After reviewing the record of that hearing. Division Engineer J.W. Fortune su51ained the decision to disqualify Claimant as a Welder for a period of 6-months in a letter dated June l 7, 2016. Claimant appeals this decision to this Board.

BOARD FINDINGS

The Agreement establishing PLB 7529 limits the Board's jurisdiction to disciplinary disputes. Disqualification is not discipline, NRAB. Third Division, Award 40418 (Clauss); NRAB, Third Division. Award 41595 (Meyers}; PLB 7633, Award 36 (Newman); NRAB Second Division, Award 14075 (Wesman). The Board lacks jurisdiction to review the Carrier's decision to disqualify Claimant from serving as a Welder. The Board dismisses this appeal for lack of subject matter jurisdiction over this dispute.

Pagel of 2

.AWARD

Claim dismissed for lack of subject matter jurisdiction.

QQ_

Sherwood Malamud

Neutral Member

Date: t, ( i,. "L- { l O f'7

Page 2 of2

PLB No. 7529

Award 133