JCL )7 101558
,S-ECIAL BOARD OF ADJUSVV!ENT NO. 173
*d
PAisTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
Union Pacific Railroad Company
Award No. 24
Case No. 15
STATWENT OF CLAIly: "Claim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employer that:
(1) Carrier violated rules of Agreement effective May 1, 1955 when they refused to
assign Claimant Leona M, Miller to position of Miscellaneous Claim Adjuster General
Claims Department, Omaha, Nebraska, advertised in Personnel Bulletin No. 35 dated
April 9, 1956.
(2) Carrier shall now assign Claimant Leona M. Miller to position of Miscellaneous
Claim Adjuster and compensate her for the difference between what she has been paid
as Steno-Typist, rate $342.67 per month and $371.45 per month, Miscellaneous Claim
Adjuster rate, from April 11, 1956 and continuing until Claimant Leona M. Miller is
placed on position of Miscellaneous Claim Adjuster."
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Employee or Employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934.
The Board has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon.
Rule 8 of the ERG Agreement dictates that, in instances of promotions,
when several applicants possess adequate fitness and ability, seniority shall be
the decisive factor governing the choice of successful candidate, Nowhere in this
broad concept of the seniority preference is any expression given to the proposition
that accident of sex shall constitute a disqualifying factor.
From a reading of the job specifications contained in Personnel Bulletin
No. 35 dated April 9, 1956, advertising a vacancy in the Miscellaneous Claim Adjuster
position in the Unadjusted Accounts Bureau, Freight Claim Office, it cannot be
presumed that female employees were ineligible to bid thereon. The fact that road
work is included among the job requirements does not, in itself, preclude the
acceptability of females for such performance. Carrier's obligation under Rule
59(a) for the safety and protection of its employees is no greater with respect to
a female incumbent than it is for a male employee,
Actually, a review of claimant's qualifications abundantly establishes
that she was competent to satisfactorily perform the job demands. That being
so, her superior seniority standing entitled her to be tapped for this promotion
ahead of Ben Van Horn.
Award No. 24
Case No.
15
Inasmuch as claimant resigned from Carrierts employment on April 24)
1957
the recovery herein may not extend beyond that date.
AWARD: 1. That Carrier violated the terms of the Clerks' Agreement in rejecting
Leona M. 111iller's application for position of Miscellaneous Claim
Adjuster, General Claims Departments Omaha, Nebraska, advertised in
Personnel Bulletin No,
35.
2. That the Carrier forthtrith shall remunerate Leona M. Miller for the
difference between her straight time earnings as Steno-Typist and the
straight time earnings that would have accrued to her as Miscellaneous
Claims Adjuster during the period between April 11,
1956
and April 24,
1957.
SPECIAL
BOARD OF
ADJUSTMENT N0.
173
/s/ Harold M. Gilden
Chairman
/s/ A. J, Vandercreek
Carrier Member ~I dissent)
/s/ C. F, Bignall
Organization Member
Omaha, Nebraska
February 24,
1959
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