NATIONAL RAILROAD ADJUS'DZENT BOARD
THIRD DIVISION Docket Number CL-24239
Rodney E. Dennis, Referee
(Brotherhood of Railways Airline and Steamship Clerks
( Freight Handlers., Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT CF CLAM: Claim of the System Committee of the Brotherhood
(GL-9561) that:
(1) (terrier violated the Agreement between the Parties when on
July 17., 1979, it assigned Clerk-Typist position G328, Elkins, West Virginia,
to a junior employee (Miss S. L. McIntyre) thereby excluding senior employee
Mr. J. A. Jones (hereinafter referred to as Claimant) who submitted a bid
for the position in accordance with said Agreement, and
(2) As a result of such impropriety, carrier shall be required to
assign Claimant J. A. Jones to Clerk-Typist position 6328 Elkins, West
Virginia, as of July 17,, 1979, and compensate him eight (Sj hours' pay
($65.36) per day commencing July 17.. 1979 and continuing each and all subsequent work days until th
OPLVION OF
BOARD: This
is a dispute in which Carrier bulletined a Clerk-Typist
position at Elkins, West Virginia, and awarded the position
to a clerical employs who was junior to the Claimant. Carrier declined to
award the bulletined position to Claimant for the reason that he had failed two
(2) separate typing tests.
We need not linger long on the issues of fitness and ability or the
relative merits of individual testing of employes seeking assignment to bulletined
positions. Both of these issues have been repeatedly resolved by this and other
Boards of Adjustment.(Axard No. 90-SBA 192 3rd Division Award Nos. 15002, 21710
21773 among others). In this case Claimant had two tests given dust two weeks
apart and he failed both even after his Supervisors had urged him to prepare for
the tests. Such tests are mechanical and are a simple method of determining
the number of words per minute an employs can type. They are neither unreasonable
nor beyond the right of Carrier to employ.
There is no evidence in the record of this case to. support Petitioner's
allegations of a violation of Rule 30 or any other Rule of the Agreement. The
claim must be denied.
FINDINGS: The Third Division of the Adjustment Boards upon the whole record
and all the evidences finds and holds: -
That the parties waived oral hearing;
Award :lumber 24057 Page 2
Docket Number
CL-24289
That the Carrier and the Employes isrolved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Acts 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 ADJUST7ENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
BY
osemsrie Breach - Administrative Assistant
Dated at Chicago, Illinois this 14th day of December
1982.
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