_ SECOND DIVISION Docket No. 6670
 ' 2-BKZ-CM-' 75



    Parties to Disxnzte: ( (Carmen)


                    ( Burlington Northern, Inc.


    Dispute: Claim of Employes:


            1. That the Burlington Northern, Incorporated violated Rule 13 of the controlling Agreement in effect on the Burlington Northern, Incorporated when they disqualified Carman Welder A. Beilke as a carman welder, a position he has held for twelve (12) years.


            2. That accordingly, the Carrier be ordered to compensate Carman. Welder A. Beilke in the amount of the difference between a Carman Welder's rate of pay and a Carman Mechanic's rate of pay, with all subsequent wage increases from September 14, 1972 until properly reassigned to the position of Carman Welder on the day shift, via ;h Saturday and Sunday rest days.


    ,Findings:'

t
 The Second Division of the Adjustment Board, upon the whole record
 and all the evidence, finds that:

    The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.


    This Division of the Adjustment Board has jurisdiction over the dispute involvedherein.


    Parties to said dispute waived right of appearance at hearing thereon.


    Claimant is a regularly assigned Carman at Carrier's Havre, Montana, repair track. The Organization contends that claimant worked as a welder for 12 years until September 7, 1972 when he was improperly disqualified. They contend that he was disqualified in contravention of Rule 13(g) in that Carrier discriminated against claimant in administering the welding test; that he was not disqualified within 30 days as required; and, that there is no provision in the contract for periodic reexamination of welders.


        While Carrier concedes that claimant was, in fact, assigned to a

carman-welder position in 1960, they claim that in 1968 he was disqualified
 - as a welder although he continued to receive the welder's rate of pay.
 In order to qualify again for a welder's position, in 1972.claimant was
 given a qualifying test which lie failed to pass. Carrier maintains that
 at all times them acted in a fair and reasonable manner toward claiman?;.
 Form 1 Page 2

 Award No. 6826
 Docket No. 6670
 2-ENI-CM-'75

 We believe it is now well established by all Divisions of the National Railroad Adjustment Board that Carrier, in the exercise of its managerial discretion, has the right to determine an employee's ability for a position in the absence, of a contractual proscription to the contrary. And in so determining an employee's ability, Carrier may require the employee to take a test provided the test is not unreasonable or discriminatory, and is fairly administered. We find that the welding test given claimant meets this criteria. The contract did not preclude Carrier from giving claimant a welding test in order to determine his ability as a welder. In administering the test, Carrier did not act in an unfair or discriminatory manner toward claimant. Carrier stands ready to allow claimant to retake the test whenever he desires so it cannot be said that it has acted -arbitrary or unreasonable. :Furthermore, other carmen at Havre have been required to take a welding test prior to appointment as a welder so the Organization cannot accuse carrier of unreasonable conduct.

 It may well be, as the Organization avers, that schooling or instructions are needed at Havre to teach carmen welding, but failure of the Carrier to furnish same certainly does not constitute a contractual violation. Finding no contractual prohibition to the test Carrier gave claimant, and farther concluding that the test was fairly administered, we cannot find any support for the Organization's position and it must therefore be denied.

 Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 By _ C 4
      os marie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 4th day of March, 1975.