NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22103
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM; Claim of the System Committee of the Brotherhood
(GL-8367) that:
(a) The Southern Pacific Transportation Company violated the
current Clerks' Agreement when it failed to assign Clerk Florence Okafor
to General Steno-Clerk Position No, 106 instead of junior clerk V. R.
Carter; and,
(b) The Southern Pacific Transportation Company shall new
be required to compensate Clerk Okafor at the rate of Position No. 106
for May 16, 1974 and each date thereafter until she is placed thereon.
OPINION OF BOARD: On May 2, 1974, the Claimant applied for a
General Clerk Steno position which was then
vacant. She completed a shorthand-typing test for the position;
however, when the position was assigned to a junior employe, she
requested an investigation asserting that the test was unfairly and
unjustly administered.
The Carrier has continued to insist that the Claimant was
not qualified for the position.
The Carrier points out that when Claimant was interviewed,
subsequent to submitting her bid, it became apparent that she had
no prior general clerical experience and that her bid was eventually
rejected based upon a lack of sufficient experience and qualifications
to handle the work involved in the position, and because of her
unsatisfactory performance in a dictation and typing test.
Rule 27 is pertinent to this dispute:
Award Number 22202 Page 2
Docket Number CL-22103
"Rule 27:
PROMOTIONS, ASSIGNMENTS, DISPLACEMENTS
Employes covered by these rules shall be in
line for promotion. Promotions, assignments and
displacements shall be based on seniority, fitness
and ability; fitness and ability being sufficient,
seniority shall prevail.
NOTE: The word 'sufficient' is intended to
more clearly establish the right of the senior
employe to bid in a new position or vacancy, or
to displace a junior employe, where two or more
employes have adequate fitness and ability. In
such cases the senior employe will be awarded the
position unless it is obvious he cannot qualify.
Employes shall be given cooperation in their
efforts to qualify."
We have considered all of the various assertions made by
the Claimant concerning prejudice, prejudgment, etc.; however, in
the final analysis, and after consideration of the entire record,
this Board is of the view that the Claimant failed a test which
was reasonably related to the qualifications for the position and
which was reasonably administered.
Of course, each dispute such as this must be considered
based upon its own individual merits, and in this case we are unable
to establish that the Claimant has set forth any basis for a
determination that the Carrier violated the Agreement.
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;
Award Number 22202 Page 3
Docket Number CL-22103
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
ATTEST: ;'"
.rJ,.._~
u,~r°
Executive Secretary
Dated at Chicago, Illinois, this 13th day of October
1978.