SPECIAL BOARD OF ADJUSTMENT N0. 280
Award No. 164
Case No. 251
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE St. Louis Southwestern Railway Company
STATEMENT "1. Carrier violated the effective Agreement when Crane Operator
OF CLAIM Helper C.L. Warren was disqualified as a Crane Operator Helper
on February 12, 1980.
. 2. Claimant Warren shall be reinstated to the position of a Crane
Helper and the difference in the rate of pay of a Laborer and
the rate of a Crane Helper beginning February 12, 1980 and
continuous until the day he is placed on a position of a Crane
Helper; also that ail his Helper seniority be restored."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within.the meaning of the Railway Labor Act, as amended, and that
this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.
Claimant herein, an employee of Carrier for approximately five and a half years, bid
for and received the assignment of Mobile Crane Operator Helper in October of 1979.
He was disqualified effective February 12, 1980 after some four and a half months on
the job. Following a hearing at the Claimants request, Carrier reaffirmed its decision
to disqualify him.
Petitioner asserts that Claimant'sfunction as a Helper on the crane was adequate and
that he was performing satisfactorily and hence, should not have been disqualified.
Carrier, on the other hand, indicates that even after four and a half months Claimant
was not qualified for the position and the evidence is substantial to validate that
conclusion.
There is no question but that the hearing afforded Claimant in this instance was fair
and impartial and there is no allegation to the contrary. At the hearing, there was
Awd. 164
SBA No. 280
substantial evidence from Claimant's immediate supervisor as well as his trainer
that he was having considerable difficulty even. after four and a half months in operating the crane. Avery important element of the Helper's. duties was driving the truck
portion of the crane from one location to another as well as positioning the crane so
that the operator could function. The evidence is clear that Claimant had substantial
difficulty in shifting gears and in other fashion$ operating the truck element of the
crane. Carrier's conclusion that his functioning was below standard and was damaging
potentially to the equipment and to the safety of others is clear and convincing.
Petitioner had the burden of establishing at the hearing that Claimant was indeed qualified in spite of Carrier's contrary conclusion. There is no persuasive evidence of
record to substantiate any such position by the Organization.
The Board must conclude that Carrier's decision to disqualify Claimant was based on
substantial evidence and was neither discriminatory or unjust in any sense. Since
there is no convincing evidence to support Petitioner's claim that the Claimant was able
to perform the duties satisfactorily, the Board has no choice but to conclude that Carrier was justified in its conclusion that he be disqualified.
AWARD
Claim denied.
Carrier Member
Houston, Texas
1981
.61. Lieberman, Neutral-Chairman
Employee Member