NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22488
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr8542)
that:
1. Carrier violated the Agreement between the parties when it
failed and refused to allow clerical employee, Betty DeWitt, pay for training
on positions Nos. 14 and 15.
2. Carrier shall now be required to allow clerical employee,
Betty DeWitt, four hours for March 8,
1977,
three hours for March 14,
1977,
and four hours for March 15,
1977,
at the rate of position No. 15; eight
hours for March
17, 1977,
eight hours for March 18,
1977,
and four hours
for March 20,
1977,
at the rate of position No. 14.
OPINION OF BOARD: Claimant was assigned to the carrier's Clerks Extra
List at Springfield, Missouri.
On the dates in question she had worked in an on-the-job training
position to qualify in the 1050 Operator assignment. She maintained that
she had been called for training and was entitled to wages. As the record
indicates, the controversy on the property arose over whether or not the
carrier had, in effect, called the claimant to take the training on the
days in question.
The probative evidence regarding the situation is contained in
a letter from her superintendent to the claimant dated March,Ib,
1977.
That letter states in pertinent part:
"This will confirm conference in my office March 8,
1977,
when
we discussed your lack of qualifications for jobs in the Yard
Office at Kansas Avenue Yard, namely: 1050 positions; Car Clerk
positions; Bill Clerk positions; and, Chief Yard Clerk positions.
"During this conference you stated that you were not qualified
on any of the above positions, but that you did wish to learn the
work; that you did wish to work full time; and, that it would be
appreciated if you were not set up on a regular hard and fast
Award Number 22808 Page 2
Docket Number CL-22488
"schedule to follow. Inasmuoh as you stated to me your desire,
and gave me your assurance, that you wished to qualify on
these jobs, that you would qualify on these jobs, and that
you would not show any hesitancy in doing so, I agreed to not
setting you up on a hard and fast schedule. I stated to you
however, that you would be given a certain amount of time to
break in on these jobs with the understanding that in the
event you worked some other position, for which you were
qualified, that it would not be necessary for you to break
in that day. This was agreeable to you. You further stated
you preferred to break in with Mr. Rick Bischoff, 2nd trick
1050 Operator, to which I agreed.
"In our conference you were told to keep Mr. Kluthe, Assistant
Trainmaster-General Agent, advised of the days on which you
broke in on 1050 position. It was understood that on the days
you broke in on 1050 positions, or any other positions, that
you would spend the entire shift with the incumbent of that
position, breaking in on it.
"I am sorry to say this is not what you are doing. We have
note of March 14 which indicates you broke in on 1050 position
from 900 AM to 12 Noon. The assigned hours of this position
are 759 AM to 359
PM.
We have your note of March 15, that
states you broke in on 1050 position that date, not stating
any hours during which you broke in. The incumbent of the 1050
position working 759 AM to 359 PM advises you broke in between
hours of 1000 AM and 200
PM.
This is not acceptable. As
previously stated, you are expected to break
in
the entire
shift with the incumbent of the position. You must become
familiar with all the duties of the positions, not just those
that are performed around noon time."
There is no other probative evidence in the record with respect
to the understanding between the carrier and claimant. She was not called
by anyone on the dates in question, but made her own assignments based
upon the carrier's agreement not to put her on a hard and fast schedule.
The tenor of the letter does not indicate the claimant's desire to qualify
for full time work was directed by the carrier. It does indicate a
willingness on the part of the carrier to accommodate to the grievant's
personal scheduling problems in order for her to pursue her objective of
more work. --
Award Number 22808 Page 3
Docket Number CL-22488
Further, as indicated in the record and the letter, company
directed on the job training requires the trainee to stay on the job for
a full shift. The claimant did not conduct herself in such manner.
As indicated by the claim she worked a half day or less most of the time.
This schedule would indicate that claimant was pursuing her own objectives
rather than responding to a call by the carrier.
Based on the foregoing and the entire record, this Board concludes that claimant was not called by t
In so ruling we make no decision with respect to pay for
on-the-job training. That decision must await proper development on
the property and a record unclouded by the specific issue in this case.
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
ATTEST:
Executive -Secretary
Dated at Chicago, Illinois, this 31st day of March 1980.