Docket CL-1151:2
Award No. 33
SPECIAL BARD OF ADJUSTMENT N0. 3711
Brotherhood of Railway and Steamship Clerks. Freight Handlers,
Express and Station Employes
and
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM
:
System Docket 533 - °ittsburgh Region Case No.
590 - "Claim
of the
System Committee of the Brotherhood that:
(a) The Carrier violated the Clerks' Rules Agreements effective
May 1, 1942, except as amended, particularly Rules 2-A-3(a) and (d)
when it disqualified Helen R. Hegedus, Clerk, Eleventh Street Freight
Station, Pittsburgh, Pennsylvania. Pittsburgh Region, from position
Symbol F-324, effective at the end of her tour of duty on June 27,
1957.
(b) Helen Hegedus be allowed a day's pay at the rate of position
F-324 for each day beginning June 28 through July 13, 1957, and all
subsequent dates until adjusted. (Docket 533)"
FINDINGS
:
In the eleven months this Claimant was absent from clerical position
F-32h, the duty of handling Rule 10 waybills was added to the position.
She returned to the position by bidding the advertised vacancy.
It is Organization's contention that she was directed to process the
Rule 10 waybills, which she had not previously handled. After two days on the
job, she was disqualified -- being so notified at the start of her third day.
We tdll sustain the claim for three reasons:
1. There is no statement or proof that she was not a ecmpetent
comptometer operator when she previously held the position.
2. Any comptruneter operator who was away from his machine eleven
months would be slow and inaccurate at the start of a return to
such job while working with familiar material.
3. We believe Carrier's action was arbitrary and capricious.
AWARD
:
Claim sustained to the extent of wage loss.
saPf
3-14
Award Iso.
33
Signed this 12th day of December, 1961.
/s/ VIward A. Lynch
E. A. Lynch, Chairman
/s/ A. E. Ivies /s/ A. B. Seward
A. E. les, Carrier Member A. B. Seward, Employe Member
2