iiATIO::AL RAILROAD ADTUS;:.i::;T BOAaD
TIi1?,D DI`1LSIO:i oc::et ".;L:.^:ber ~~-2~21
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES 'In DISPUTE:
(The Pittsburgh and Lake Erie Railroad Company
STATdT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9314) that:
(a) Carrier violated the Rules Agreement effective September 1,
1946, as amended.
(b) Claimant was available but was not called for to work as a
stenographer on Jane 28, 29, 30, 1978 and Carrier assigned a ,junior employe
to said position.
(c) Claimant had previously worked on a stenographer position
prior to these dates.
(d) That claimant, Ms. Y. P. Burgess, be compensated for one (1)
days pay for June 28, 29,
30,
1978.
OPINIOPt OF BOARD: Claimant, an Extra Clerk, seeks three days of pay for
June 28, 29 and
30,
1978 for as alleged violation of Rule
28(b) of the applicable agreement. On the dates in controversy, the Carrier
called and used a ,junior employe to fill an extra stenographer position.
Claimant asserts she should have worked as a stenographer since she had more
seniority as well as the requisite ability and skill.
The Organization argues that Claimant had previously demonstrated
her stenographic skills when she filled an extra stenographer position on
July 14, 1977. The Carrier acknowledges that Claimant was called to fill an
extra stenographer position on July 14, 1977 (due to the absence of other
extra clerks with stenographic skills) but based on her unsatisfactory performance, the Carrier dete
perform stenographic work. The Carrier asserted that Claimant had to write
out, in long hand, her shorthand notes before she typed the dictation.
As we stated .in Third Division Award No. 23243_(Liebervan), the_
...
Claimant must come forward with probative evidence rebutting the Carrier's
reasonable determination that she was unqualified for the position. In
that award, we said:
"...Claimant has the burden of establishing that
she has the required ability to perform in the position
is face of Carrier's assertions and evidence to the
contrary."
Award Number
23849
Docket Number CL-23821
is this case, based on Claimant's performance on July 14,
1977,
the Carrier
reasonably concluded that Claimant's inability to type directly from her
shorthand notations showed she lacked basic stenographic skills. The Claimant has failed to offer an
On the contrary, Claimant concedes that she must always transform her shorthand notes to written for
transcription procedure makes it easier for her to type a correct rendition
of the dictated material but this merely reinforces the Carrier's determination that she was unquali
demonstrate she can perform the 'work, not in the fashion that is easiest for
her, but by the method and with the skills used by the Carrier's regular
stenographers. Thus, we must deny the claim.
FItaINCS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
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.
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJ'JS31ENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 28th day of April
1982·