Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27939
THIRD DIVISION Docket No. CL-28337
89-3-88-3-114
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10247) that:
1. Carrier violated the T.C.U. (formerly BRAC) Agreement when it supplied wrong tariff to Claima
Clerk, St. Louis, Missouri, when taking rating test on February 9, 1987, thereby causing her to lose
a disadvantage, causing a failure of the test being taken to qualify for a
higher rated position of Senior Rate Clerk, Job No. 168.
2. Carrier's action in the case violated the T.C.U. Agreement, expressly the Testing Agreement o
3. Carrier shall now be required to compensate Ms. Sharon P. Vann for
the difference between that of her position of Junior Rate and Revising Clerk,
and that of Senior Rate Clerk, Job No. 168, effective February 10, 1987, and
continuing five (5) days per week until corrected."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
At the time of the series of incidents that gave rise to this case,
Claimant was employed by Carrier as a Junior Rate and Revising Clerk. She
made application for a Senior Rate Clerk position. Applicants for such positions must pass a rating
1987. It was concluded that she failed the test and she was not given the
position. It was subsequently learned that Carrier supplied Claimant with the
wrong tariff for her test. This caused her to be confused and lose considerable time on the test whi
Form 1 Award No. 27939
Page 2 Docket No. CL-28337
89-3-88-3-114
The record states that on March 25, 1987, Claimant again was given a
test and failed. On May 18, 1987, Claimant was again tested. This time she
passed and was placed in the requested position. The Organization takes the
position that the first test was faulty because Claimant was given incorrect
data to use in rate calculation. It argues that the second test was so difficult, only the most soph
finally given a proper test, she passed it. The Organization seeks the differential between what Cla
placed on the Senior Rate Clerk position.
Carrier admits that it gave the wrong information to applicants on
the first test. To compensate, however, it gave all applicants full credit
for the question. It then gave the Claimant a second test that she failed and
finally she took the test a third time and passed.
This Board has reviewed the record and we can find no basis on which
to conclude the Claimant was mistreated in any manner. We see the allegations
in the record, but we do not find the supporting data. This Board can find no
fault with the manner in which Carrier operated in this instance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.