SPECIAL BOARD OF ADJUSTMENT NO. 1049
AWARD N0.119
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of W. G. Murphy, Jr., requesting exoneration of all charges placed
against him, reinstatement to the Carrier's service, restoring him to the tamper operator's
position, with pay for all time lost, with seniority, qualification, vacation and all other
rights unimpaired, as a result of his disqualification as a tamper operator, following a
formal investigation held on August 14, 2000, in connection with his improper
performance of duties on July 17-24, 2000.
(Carrier File MW-GNVL-00-1 1-LM-281)
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly
constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a
precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds
that the claim should be disposed of as follows:
Carrier proved by substantial evidence that Claimant was unable to properly operate Tamper ET8502SJLN. Although Claimant, who had not operated the machine for several years, may have been able
to relearn the machine over time, as an employee who exercised seniority to displace another employ ee
from the machine, Claimant was required to be able to operate the machine upon taking the assignment.
During the period July 17 - July 24, 2000, Claimant made numerous errors in operating the machine
Carrier acted appropriately in disqualifying Claimant.
Accordingly, the claim is denied.
D. artholomay
Organization Member
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M. H. Malin
Chairman and Neutral Member
Issued at Chicago, Illinois on January 28, 2002
Pate 2
SBA 10q9
Awd 119
D.
L. Kerby
Carrier Member