x



SPECIAL HOARD OF ADJUSTMENT NO. 374

Brotherhood of Railway and Steamship Clerks, reight Handlers,

Express and Station Employes


                            and


                  THE °ENNSYLVANIA RAILROAD COMPANY


      STATEMENT..OF CLAM- .


          S stem Docket No. 455 - Lake Re 'on Case No. 25585 - "Claim of the System mmittee of the Brotherhood at:


          (a) The Carrier violated the Clerks' Rules Agreement, effective may 1, 1942, except as amended, particularly Rule 2-A-3, when on March 24, 1958, it disqualified Clerk Blanche 0. Valiquette from Position Symbol No. FM-3-F, Toledo Freight Station, Toledo, Ohio, Lake Region.


            (b) Blanche 0. Valiquette be compensated for eight hours' pay

          each day beginning March 24, 1958, and until adjusted.(Docket 455)"


      FINDINGS


      When Claimant previously held position FM-3-F therre-was-no~rating

      duty attached to the job. .? ' Y-Y


      Carrier states the Claimant was given every a sistanceand c6operation and during the time she worked FM-3-F she was assisted by four clerks. x


            It is Carriers contention that when she " g

                                        has given two simple LCL

      shipping orders to route and rate x x she advised sheiwas hot a rateaclerk

      and could not and would not rate and route shipments. 4, ;s _;


                                          4


      This occwretlMarch 24 at 2:30 p.m., and when it -happened "a disqualification notice was typed in her presence and given to her."


      Organizations defense that the position in question contained no rating work when timestudied in 1942 is of no moment here. It acknowledges rating was included in a march 6, 1956 bulletin.


      Decision must turn on the Carrier's basis for disqualification, .which was agreed to by the parties.


      We fail to find any evidence that Carrier's action was arbitrary or capricious.


      AWARD:


            Claim denied.

            Signed this 12th day of December, 1961.

            /s/ Edward .A. 1~ ch

                        E. A. Lynch, t airman


      -/s/ A. E. M,yles /s1 A. B. Seward

          A. E. Myles, Carrier Mem er '21.B.-Seward, Employs Member