SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CTAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier unfairly and improperly removed Mr. J. E. 0'BaLon
from his position of Bridge Crane Operator following an investigation held at Palestine, Texas, on January
15, 1959·
(2)
The Carrier should now reinstate J. E. 0'Bannon to former
Bridge Crane Operator's position.
FINDINGS: Claimant was disqualified as a hoisting engineer on December Ll,
1958.
The Employes contend that his problems were due to the age and condition of the crane to which he was assigned.
Basically, the determination of qualifications is a matter of judgment
to be exercised by Management, which may not be set aside unless shown to have been
exercised arbitrarily or discriminatorily.
At the hearing there was evidence that six times a hoisting engineer
was assigned to train and assist the claimant for a week or more each time. There
was frequent trouble with the crane and operating delays, not all due to claimant's
fault. However, there was evidence of the incidence of inability to hold the boom
up due to excess grease on the friction gears, the constant necessity to build up
the jaws of the positive clutch due to the manner of operation, his tearing down
and examination of an engine finding nothing loose although the piston was loose on
the rod and shortly blew through the head, and his report of leaking flues which
caused the machine to be tied up, although the boiler inspector later found no
flues leaking.
Thus there was substantial evidence to support the Carrier's judgment
so it cannot be found to have exercised it arbitrarily or discriminatorily.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E. Whiting
Dudley
E.
Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
August
9, 1962
File BMWE
27-58