Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:
                (Illinois 0eatral Oaf PAdlrroad


                STATWT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8778) that:


1. Company violated the agreement between the parties effective June 6, 1977, and each date thereafter, when Oospany failed to assign Clerk B. W. Sun# the senior applicant, to Position No. 413., and instead assigned Junior Clark T. A. Phillips to the position.

 2. Company shall now be required to assign Clerk B. W. Sun to Position Ho. 413, and compensate Clerk Sun at the pro rata rate of $55.26 per day, beginning on June 6, 1977, and at the rate of $58.87 per days beginning on July 1, 1.978, (The $58.87 represents a 4% general wage increase and a cost of living iacreame), and continuing for each date thereafter, that Clerk T. A. Phillips is allowed to remain on Position No. 413, or until Clerk Sugg is assigned to the position.

 3. OoaWasW shall also compensate Clerk B. W. Sngg an additional $3.00 per day, as provided in Rule 8(b) of the Agreamnt, due to his being withheld tram the position.

 OPINION (P HOARD: On Nay 20, 1977, her posted Bulletin No. 79 wherein
 bids were sol1cited to fill a permanent vacancy for
 Position No. 41%, Steno-clerk, in the marketing Department of the Traffic
 Office located at St. Louis, Missouri. The job description for this
 position read as follows:

            "Must be competent stenographer, operate switchboard, file, handle mail, review and analyze traffic reports, trace cars, perform general clerical work, and other related duties an assigned."


Among the applicants submitting bids four this position were the Claimsat, Mr. B. W. Sugg, with seniority date of June 5, 1969, and Ms. T. A. Phillips, with seniority date of June 7s 1976. Both applicants were employed on the ease Division at Carrier's facility located at East St. Louis, nlinois. At the time each tendered their bid, the Claimant had held the position of Steno-Clerk as listed on Carrier's Clerical seniority roster for three (3) years in the Mechanical Department while Me. Phillips, the junior employe ultimately awarded Position 413 had worked as a Steno-Clark for approximately., but lose than, one (1) year.
      - Award Number 23214 Page 2

      Docket Number a1-22815


The organization protests the Carrier's action of awarding position No. 413 to the junior employe on the grounds that Claimant possessed sufficient fitness and ability to perform the job. In sqpport of its argument, the Organiz 6 of the Controlling Agreement bearing effective date of November 1, 1974, which reads as follows:

          "Rule 6


            PROMOTION


            (a) Employees covered by these rules shall be in line for promotion. Promation, assignments and displacements shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail.


            (b) The word 'sufficient' is intended to more clearly establish the right of the senior employee to bid in a new position or vacancy where two or more emTloyees have adequate fitness and ability.


The organization asserts Carrier rejected Claimant's bid on the basis he did not possess sufficient fitness and ability to perform only that part of Position No. 413 requiring stenographic and typing skills. The organization asserts the stenographic duties of Position No. 413 mare not a major part of the job as the former employs in that position was not a stenographer. But aside from this assertion, the Organization contends Carrier's jndgieent vas were concerned, notwithstanding the less than acceptable score Claimant attained on a test administered by Carrier to measure his stenographic capabilities. In support of this contention, the Organization cites three (3) investigations claimant vas given responsibility for taking the entire record of proceedings and notes Claimant attended shorthand classes in the Spring semesters of 1973 and 1974, at a Community school in which he acquired fifty (50) clock hours of instruction. The Organization asserts that taking tra a greater degree of stenographic ability than that needed for Position No. 413. While the Organization agrees Claimant's stenographic skills may have become rusty, this eras no reason for Carrier to have rejected his bid especially in light of its obligations under Appendix H, Section 11 of the Merges Agreement to provide training far employer not immediately qualified far the bid position and under Rule 10 of the Controlling Agreement which provides four a thirty (30) day trial period on the bid position. Pertinent parts of Section 11 and Rule 10 respectively read as follows:
          Award flusber 23214 Page 3

          Docket Nanber Ci.-22815


"Rule 10
QUALgY3IG

      (a) An Mployee awarded a bulletined position who tails to qualify within thirty working days shall retain his seniority rights and will be returned to his foxmer position or alltan no later than thirty-six hours after removal from the position on vhim he failed to qualify ....


      ...


      (c) iRployees awarded or displacing on regular positions, and eaployees braking-in on regular positions through their ovn desire, will be given full. cooperation by supervisors and other employees in their efforts to qualify."


Section 11 - Trainina
(a) 'Protected Employee' making application for, or exercising displacement rights to a position, will, if not immediately qualified, be trained for such position for a period of no less than thirty (30) calendar days, following which the employee will be assigned to the position and allowed thirty (30) working days in which to demonstrate his competency to satisfactorily perform the duties thereof.

 (b) Training shall be of a type and nature which shall prepare the employee to fulfill the minimum qualifications of the position or positions for which training is allowed.

 (c) The cost of training including instruction or tuition, textbooks, and study material and supplies shall be borne by the Company.

 (d) Employees shall be compensated for such training either at the rate of pay of the position for which he is being trained or at his protected rate, whichever is greater.

 (e) This Section will terminate five years after the date of this Agreement."
      - Award fiber, 23214 Peas 4

      Docket Number Q.-22815


With regard to Claimant's typing skills, the Organization takes the
 position Claimant's score of forty-seven (4q) words per minute did,
 in fact, meet minlmm requirements as set forth in Chapter 10 of the
 IOC at Procedures Manual which rends as follws nader the
 SOfon
 at t -,.,Typing s

            "A typing test should be administered to say applicant being considered. for a position involving the use of a typewriter. The volume of typing should determine the minima qualifying score acceptable. On move positions, where typing duties would be ·ini."le the typing test should be given to ascertain the applicant's fhsiliarity with a typewriter and the touch system. On the other hand, for a position requiring lengthy detailed reports, a net score of forty-five words per minute is recommended as a standard for entrance into service."


Finally, the Organization submits that Claimant, with his three (3) years of experience as a Steno-Clerk, vas better qualified than the junior eRploye, with her very short servine, to perform the other duties of Position No* 413, especially those tasks associated with analyzing traffic reports and tracing cars. As the Claimant possessed the basic knowledge and skill of Position Ho. 413., the Organization further submits he could have performed the work of said position within a reasonable period of time.

 The Carrier takes the position that it is management's right to determine the requirements needed for a specific job position and the qualifications necessary on the part of those bidding to fill the job. The Carrier defends its actions of setting a requirement of 110-120 words a minute shorthand for Position No. 413 on the basis that its business has been in decline far several years during which there has been a reduction of clerical forces. Therefore, argues the Carrier, it is not at all unusual that requirements for a remaining positions must of necessity perform duties previously assigned to others. The Carrier submits that based on the test scores achieved by claimant with regard to his typing and shorthand skills, he did not possess the required fitness and ability to perform Position No. 413 and therefore it properly awarded the position to the qualified, but junior employe, Ms. Phillips in accord with Rule 6 of the Controlling Agreement. The Carrier maintains that the typing and shorthand skills Claimant needs to perform his incumbent position of Steno-Clerk in the Mechanical Department are minimal and notes that of the three (3) investigative firings which Claimant transcribed, two (2) of the hearings he used a tape recorder in to his sates and in the remaining one, the proceedings occurred at -a pace which acoamodated his ability to record the information. With regard to
      Award Nmber 23214 page 5

      _ Docket Ntaber Q.-22815


Claimant's typing skills, Carrier notes that the test score of 47 words-per-minute fell below the required level of proficiency of 55-60 words-per-sinute established for Position Ho. 413. Thus, Carrier states that when it was confronted with Q,aimsat's shorthand and typing tests results, it concluded there was so reasonable basis to believe Claimant could reach the required level prof 'cl°nhy is
 of
 these skills-by practicing on the position. In_ s
 latter point, Carrier asserts it is under no obligation to place an
 employe in a position when tike evidence shows the employe does not
 possess the required skills and there is no basis for believing that
 he will acquire those skill r within a reasonable period of time. The
 Carrier asserts that in its jmdgsant, aolsrithatandiog Claimant's fifty
 (50) clock hours of shorthand instruction, Clsi=nt would require at
 least 150 additional clock hours of instruction to possibly bring him
 up to minim standards. As to the Organization's contention Claimant
 was entitled to training for the position order Section 11 of the
 Merger Agent reproduced in part above, Ghrrier asserts any right
 Claimant say have had was waived by him for failure to request such
 training within sixty (60) days of Jane 3, 1977, the date Xs. Phillips
 was awarded Position No. 413. Finally, Carrier asserts, given the
 deficiencies of Claimant's skills in typing and shorthand when matched
 against the requirements of Position No. W involving heavy eorrespond
 enoe, its actions of awarding the position to the Junior -,ploy' was
 contractually paoper especially in view of the fact the Organisation
 !failed to demonstrate its actions in this matter were arbitrary and/or
 capricious.

 Based upon a thorough review of all the arguments and evidence of record, the Board concurs in the following:

          1. Carrier has the right to evaluate the fitness and ability of those bidding on advertised positions.


          2. Carrier was well within its rights to readjust and set what appear to be higher standards for Position No. 413 in the shorthand and typing arm than previously existed prier to the posting of the position.


          3. Claimant's test scores associated with ssasuring his shorthand and typing capabilities did show him to be deficient in these skill areas required for Position No. 413·


Hvorever, noM.thstandlng the above points, it appears Carrier's evaluation and ultimate Judgment as to which of the applicants were fit was confined to, and strictly centered on, the skills associated with only part of the overall duties oaf Position No. 413. Nowhere in the record before as has the Carrier dem
      _- Award limber 23214 Page 6

      Docket Number 01.22815


of Position No. 413 constituted a disproportionately higher share of all the duties required to be performed in the position. Neither has the Carrier successfully refuted the Orgsnization's position that the junior employe awarded Position No. 413 had m prior experience in performing tasks other than shorthand and typing assigned to Position No. 413. while in facVp' the Claimant had such experience. There is no question Claimant's established scores in shorthand and typing were deficient, yet a preponderance of the evidence suggests Claimant did have the potential ability, based on past assignments in these two areas on his incumbent position, to achieve a such higher level of proficiency. Thus, based on Claimant's past experience in performing tasks assigned to Position No. 413, his past classroosi instruction in shorthand, and his previous level of attainment in the typing and shorthand skill areas, CIaimat was, according to the judgment of this Board, contractually entitled to receive the t the Merger Agreement including the thirty (30) dewy trial period on Position No. 413 to demonstrate his comipsntency to satisfactorily perfarm the duties thereof.

 Carrier is directed to provide Claimant, B. W. Sngg, training comparable to that Which would have been made available under the now expired Section 11 of the Merger Agreement for Position No. 413. Following said training, Claimant shall be given a thirty (30) day trial period on Position No. 413 to demonstrate his competency to satisfactorily perform the duties thereof. Following the trial period, Carrier shall then determine whether or not Claimant possesses the required fitness and ability to p No. 413.

 Carrier is ordered to pay Claimant the difference between the pro rata rate he has received on his incumbent Steno-Clerk position and the pro rata rate he would have received had he been awarded Position No. 413, beginning on June 6, 1977 through the effective date of this award.

 Claimant is not entitled to receive any additional compensation, specifically $3.00 per day as requested, as Rule 8(b) is found by us to be inapplicable to the instant dispute.

        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;

                    Award Number 23214 Page T

                    Docket Ember CL-22815


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway IAbor 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 violated.


                      A W A R D


        C,Laia sustained.


                            NATIONAL RAILROAD ADJWTKN<iT HOARD

                            By Order of Third Division


ATMET:
      Executive Secretary


Dated at Chicago,, Illinois, this 16th day of March 1981.