"1. That the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) hereinafter referred to as 'carrier', violated the controlling shop crafts agreement, specifically Rules 1, 37, 38, 60~, 183 and 185, when the carrier improperly disqualified and dismissed Carman Paul Stapleton from service on December 18, 1989.

2. Accordingly, the carrier be ordered to additionally compensate Carman Paul Stapleton for all regular and overtime wages lost commencing on December 19, 1989 and continuing until Mr. Stapleton is permitted to return to actual service."

assigned to test ABD emergency valves. Employees testing AB!D valves average twenty test per shift. The first day Claimant worked in the Air Brake Shop he tested only four valves. On the basis of this performance, he was disqualified by Carrier's General Foreman.

This Board has previously held, in two Awards involving this facility, that an employee must be qualified for the position t_o which he is exercising seniority. Second Division Awards 12182 and 12190. The fact that Claimant was able to perform only twenty percent of the average amount of work expected of employees assigned to test ABD valves generates a strong presumption that he was not qualified for the position to which he exercised his seniority. The organization offered nothing to overcome this presumption. The Claim is without merit.

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