SPECIAL BOARD OF ADJUSTMENT N0.
192
PA"d'IES: BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS
FREIGHT HANDLERS, EXPRESS AND STATION EIhPLOS
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 17
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) Carrier violated the terms of the Clerks' Agreement when it failed
to grant General Clerk-Typist Wm, Z, Lynn full cooperation in his efforts to qualify on position of that classification awarded him, to which he was assigned on
February
25, 1955,
and removed on March
8, 1955,
and
(2)
That William Z. Lynn be compensated for one day at the rate of
$11:.25
per day for March
9, 1955
and each subsequent day thereafter until restored
to the position,
FINDINGS:
Claimant was senior applicant for a General Clerk-Typist position and was
awarded the same on February
25, 1955,
after having posted thereon since January
13,
1955.
On March
8, 1955,
he was removed from the job on the ground that he was not
qualified.
The record of the hearing held pursuant to the requirements of Rule
32
indicates that it was conducted in a fair and impartial manner. At the hearing substantial evidence was introduced to show that the claimant was deficient in the performance of certain vital aspects of the job duties.
The employees contend that the claimant was not given full cooperation of
supervisors and employees in his efforts to qualify as required by Rule
32,
There
is, however, an inconsistency between this position and the testimony adduced at the
investigation. The claimant testified that he thought he was qualified to handle
the various aspects of the job on February
25, 1955.
Obviously, some cooperation
must have been afforded to him prior to that date in learning the duties of the
position and apparently that cooperation was sufficient to enable him to learn those
duties well enough (at least in his own thinking) to feel that he had sufficient
qualifications for the job. He was given ample opportunity to demonstrate his
qualifications but failed to do so,
We find no basis for holding that the Carrier violated the Agreement.
AWARD
Claim (1),
(2)
Denied,
J. Hoffman
Employee Member
Dated at Baltimore, Maryland this
18th day of February, 1959.
/s/ Francis J. Robertson
Francis ~. Robertson
Chairman
s T, S. Woods
S. Woods
Carrier Member