G. F. Janecky

Office Manager"

the claimant in this case again requested and was granted leave of absence account sickness from August 19, 1968 to November 1, 1968.

The Organization has made further attempts to support its assertions by referring to out of context portions in the transcript testimony which lack foundation when the transcript of investigation is read as a whole. For example, they placed great stress on certain insignificant remarks made by Mr. McGuire on page 8 and 9, but have ignored the following important testimony on page 2:

Q. "Mr. McGuire, was it your decision to disqualify Mrs. Rolfing?"

A. "I have no decision to make as I didn't know she had filed on the position. I was out of town at the time."

(Exhibits Not Reproduced)

OPINION OF BOARD: Rule 7 of the applicable Agreement entitled PROMOTION reads as follows:

"Employes covered by these rules shall be in line for promotion. Promotion shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail, except, however, that this provision shall not apply to excepted positions.

"NOTE: The word `sufficient' is intended to more clearly establish the right of the senior clerk or employe to bid in a new position or vacancy where two or more employes have adequate fitness and ability."

The only issue before the Board is whether the Claimant had sufficient fitness and ability to be entitled to the position of Rate and Tariff Clerk C-36. By Rule 7 the parties have agreed that only the Carrier shall be the judge of sufficient fitness and ability.

Carrier's decision denying Claimant's bid for the position may be overruled only by a showing that it grossly abused its discretion and that its action was arbitrary and capricious. There is no convincing evidence in the record to justify such a showing.

Claimant's ability is not challenged. Only her fitness to adequately carry out all of the job requirements is questioned. Among other things, the occupant of position C-36 is required to travel, to sit in on division meetings, to attend meetings with representatives of other railroads, and to "negotiate settlements, outstanding claims and statements of differences which . . . have accumulated over a period of time." While some employes, who previously occupied this position, did little or no traveling, there is no serious denial that the duties above enumerated were and have been a part of the position's job description. It was on this element of the job and Claimant's record of substantial absenteeism that Carrier concluded that the Claimant did not have sufficient fitness.

It is true that one element considered by the Carrier was Claimant's sex. But the record shows that this was not the sole criteria. Other and more important factors were considered. She was not rejected solely because she

That the parties waived oral hearing;

That the Agreement was not violated.

AWARD

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division ATTEST: S. H. Schulty