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EMMA SMITH v. B & O RAILROAD COMPANY (06/19/85)

decided: June 19, 1985.

EMMA SMITH, APPELLANT
v.
B & O RAILROAD COMPANY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of The Baltimore and Ohio Railroad Company v. Emma Smith, No. SA 143 of 1983.

COUNSEL

David B. Washington, with him, Clifford C. Cooper, for appellant.

Theresa Homisak, with her, Gary F. Sharlock, Sharlock, Repcheck & Mahler, for appellee.

Judges MacPhail and Barry and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 90 Pa. Commw. Page 187]

Emma Smith (Appellant) appeals here from an order of the Court of Common Pleas of Allegheny County reversing an order of the Pittsburgh Commission on Human Relations (Commission).

Appellant, a black female, was hired by the Baltimore and Ohio Railroad Company (Employer) as an extra board clerk on January 11, 1979.*fn1 Extra board clerks provide a pool of clerical employees to fill vacancies (due to vacation or illness) in a variety of clerical positions.

[ 90 Pa. Commw. Page 188]

In June of 1980, Appellant, under the terms of the BRAC agreement, bid for a position as a C-335 Steno-Clerk*fn2 in the Engineering Department. The three most senior bidders were Carol Taylor, a black female hired 7-29-74; Deborah Watkins, a white female hired 7-19-78; and Appellant, hired 1-11-79. The three applicants were given a dictation and typing test by Mr. Fred Haddix, the Employer's Assistant Manager of Engineering. Ms. Taylor's test was found to be unsatisfactory. Mr. Haddix stated that both Appellant and Ms. Watkins' test scores were satisfactory to him, and awarded Ms. Watkins the position of Steno-Clerk based on her seniority.

In September of 1980, Appellant was one of ten applicants bidding on position B-15, Secretary-Division Manager's office.*fn3 All ten applicants were interviewed; none were tested. The position was awarded to Paul Marcinowski, a white male, who had some typing skills. At the time he was awarded the B-15 position, Mr. Marcinowski was enrolled in a stenoscript class.

Appellant was furloughed between September, 1980 and August, 1981. Appellant alleges that the Employer failed to call her for temporary work on certain

[ 90 Pa. Commw. Page 189]

    positions where white female and male employees with less ...


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