capable of satisfactorily meeting the requirements of the service on those high-class trains:

"In addition to the applicable rate indicated above, stewards and assistant stewards, who are regularly assigned to the following trains:

The Olympian-Hiawatha Nos. 15 and 16

Morning Hiawatha Nos. 5 and 6

Afternoon Hiawatha Nos. 101 and 100

Midwest Hiawatha Nos. 103 and 102

will be paid $15.00 per month. This additional payment applies only to those stewards and assistant stewards who are regularly assigned to the trains listed above and will be paid to the regularly assigned employe in proportion to his hours of service on the assignment compared with the total hours of the assignment during the month."

The above quoted provision clearly means that the Carrier contracted to make a bonus payment to stewards regularly assigned to the Hiawatha Trains to secure the necessary first-class steward service on those trains and it likewise means the employes contracted to accept that bonus payment on the basis that only fully qualified stewards, capable of meeting the higher standards of the service on the Hiawatha Trains, would be assigned thereto.

We submit that Mr. Hockenbury does not possess qualifications sufficient to properly meet the requirements of the Carrier's service on Hiawatha Trains, proof of which will be found in the record in this case, and as the Carrier has not been unfair, arbitrary nor discriminatory, we respectfully requst that its action be not disturbed and that the claim in behalf of Steward Hockenbury be denied.

All data contained herein has been presented to employes.

(Exhibits not reproduced)

OPINION OF BOARD: Because of the discontinuance, on January 24, 1953, of Dining Car Service on Trains 17 and 18, between Chicago, Illinois, and Tacoma, Washington, the Steward assignments in such service were abolished effective that date. The claimant Steward, who had been regularly assigned thereto, made his last trip on January 18, 1953, and thereupon reverted to the extra board, first performing service therefrom on January 20, 1953. His application of March 13, 1953, for assignment to Carrier's higher class Olympian Hiawatha Trains 15 and 16, between Chicago and Tacoma handling considerably greater dining car business than had been handled on Trains 17 and 18, was declined by Carrier on the basis of lack of qualifications for service on any of the higher class Hiawatha trains. Agreement Rule 11 conditions Carrier's acceptance of applications for assignments on seniority and qualifications. It is patent that the responsibility for determining the qualifications of an employe first lies with the Carrier, and that such determination may be subsequently overthrown upon a showing that it was improper. The investigation record here supports Carrier's determination that claimant lacks the necessary qualifications for Steward assignment on the higher class and heavily traveled trains in dispute because of (1) impediment in speech when under pressure; (2) failure to properly supervise his car and employes assigned to it; and (3) inability to maintain proper records. The Employes have failed in their burden to show claimant possessed the necessary qualifications.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That both parties to this dispute waived oral hearing thereon;

The Carrier did not violate the Agreement by its action here in dispute.

AWARD