NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20567
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Western Weighing and Inspection Bureau
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7474) that:
(a) Bureau violated and continues to violate the rules of the
current Clerks' Agreement when on or about June 8, 1972 it refused to permit C. J. Hernandez to exer
held by a junior employe;
(b) That Claimant C. J. Hernandez, shall immediately be assigned
to the position of Inspector; and
(c) That C. J. Hernandez be paid a day's pay at the Inspector's
rate of $35.93 per day for each and every day he is being withheld from the
Inspector's position, commencing June 10, 1972 and continuing until assigned
to said position.
OPINION OF BOARD: The Organization contends that the Bureau violated and
continues to violate Rules 6, 9 and 12 of the current
Clerks' Agreement when it refused to permit the Claimant to exercise dis
placement rights on Position No. 303, held by a junior employe.
The Bureau maintains that it has not violated the Agreement and
that it has treated the Claimant in a fair and equitable manner.
Claimant Hernandez exercised his displacement rights on Position
303, entitled "Inspector", held by a junior employe. The. Bureau's District
Manager administered tests to help determine the Claimant's fitness and ability
to perform the duties of Position No. 303. On one test the Claimant answered
eight questions correctly out of nineteen questions, and on the other test
one out of twenty one correctly.
The duties of Position No. 303 requires the employe to write detailed and at times complicated repor
numerous measurements which means he must have some fundamental knowledge
of basic arithmetic. One of the tests given to the Claimant is composed of
basic arithmetic problems and has been given to all potential employes entering the Transit Departme
Award Number 20431 Page 2
Docket Number CL-20567
It is important to note, notwithstanding the tests and results,
that the Claimant offers no evidence whatsoever of his adequate fitness
and ability for Position No. 303.
Notwithstanding the tests and results, the Bureau's District
Manager made two separate efforts to place Claimant on Position No. 303
for a week under the tutelage and guidance of the Chief Inspector, so
that the Claimant could demonstrate his potential to fulfill the duties
of Position 303. This offer was later broadened so that the General Chairman of the Organization wou
We find that none of the pertinent Agreement rules were violated.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Executive
ATTEST:
gwl
PA441400,-,
By Order of Third Division
Secretary
Dated at Chicago, Illinois, this 27th day of September 1974.