SPECIAL BOARD OF ADJUSTMENT N0.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM
:
(1) The Carrier violated the effective Agreement when, on
February 11,
1957,
it denied Machine Operator Charles
Charneski the right to displace a junior machine operator.
(2)
Machine Operator Charles Charneski now be allowed the exact
amount of monetary loss suffered because of the violation
referred to in Part (1) of this claim.
OPINION OF 130AM:
The controlling agreement in this dispute is the contract dated June 1,
1941.
Claimant Charneski's position as Bulldozer Operator was abolished on February
8,
1957.
Claimant thereupon made request to displace a junior employe (Stewart) who
was working as a Swingloader Operator. Both of these employes held seniority
roster rating as Machine Operator. Claimant was refused the requested displacement
on the ground that he was not qualified to operate the swingloader. Claimant subsequently was given a brief trial on the operation of this machine, following which
the Carrier affirmed its original disqualification.
We deem it unnecessary to review other details involved in this dispute, or to
set forth the respective contentions of the parties. Examination of the entire
record leads us to conclude that in view of the Claimant's previous experience, this
was not a case of entrusting to unskilled hands an operation requiring special skill.
The Claimant was entitled to be given a test on the swingloader before being disqualified for its operation. He also was entitled to a brief familiarization in
connection with this test. Since the Carrier did not comply with the procedure just
outlined, the claim must be sustained.
AWARD
Claim sustained.
(s)
Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
(s) A. J. Cunningham (s) C. S. Strang
A. J. Cunningham, Employe Member C. S. Strang, Carrier Member
Jersey City, N. J.
November
30, 1959