~ ^ SPECIAL BOARD OF ADJUSTMENT NO. 280




PARTIES TO DISPUTE:

      St. Louis - Southwestern Railway


                          and


      Brotherhood of Maintenance of Way Employes


STATEMENT OF CLAIM:

          "I. Carrier violated the Maintenance of Way Agreement, especially but not limited to Rule 5 - Promotions and Transfers, and Rule 6 - Discipline and Grievances, when machine operator was not properly advised that he had been disqualified from position as Heavy Duty Equipment Operator on October 10, 1974. i


          "II. Mr. Glenn Fry be allowed difference in pay rate earned as laborer and rate applicalbe to Heavy Duty Equipment Operator beginning October 10, 1975 and continuing to date he is reinstated to his former position as machine operator."


FINDINGS:
The Board is satisfied, after reviewing this record, that there is no basis for the claim and must be denied.
Carrier determined that on the basis of his performance, Claimant was not qualified to operate heavy equipment. Claimant was properly informed, and he returned to a laborer's position.

                        AWARD


      Claim denied.


                              4

                                a

                    Neutral ember


      Carrier Riemb Organization Member


          Date T