NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DrTISION Docket Number CL-20575
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Western Weighing and Inspection Bureau
STATLMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7476) that:
(a) The Bureau violated and continues to violate the rules
of the current Clerks' Agreement when on or about
June d, 1972, it refused to permit Frank P. Santillan
to exercise displacement rights on position of
Inspector held by a junior employe.
(b) That Claimant, F. P. Santillan, shall immediately be
assigned to the position of Inspector; and
(c) :'hat Mr. Frank P. Santillan 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 HOARD: 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 displacement rights on Position No. 304, 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 Santillan exercised his displacement rights on
Position 304, 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.
304. On one test the Claimant answered one out of sixteen questions,
without any correct answers. On the other test Claimant answered thirteen
questions out of twenty-one, with three answers out of twenty-one correct.
The duties of Position No. 304 require the employe to write
detailed and at times complicated reports and on numerous occasions, the
Inspector is required to determine percentages, as well as make and report
Award Number 20432 page 2
Docket Humber CL-20575
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 Department of the Bureau in the Kansas City District.
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.
304.
Notwithstanding the tests and results, the Bureau's District
Manager made two separate efforts to place Claimant on Position No.
304
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
304.
This offer was later broadened so that the General
Chairman of the Organization would have an equal voice in determining
the fitness and ability potential of the Claimant. These offers were
rejected.
We find that none of the pertinent Agreement rules were violated.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST. a
Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1974.