William M. Edgett, Referee


              (Brotherhood of Railway, Airline and Steamship Clerks,

              ( Freight Handlers, Express and Station Employees

              PARTIES TO DISPUTE:

              (Monon Railroad


              STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6978)

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                          that:


              A. The Carrier violated terms of the current Working Agreement when it declined to permit Mr. W. L. Collins work the position of his choice which had been assigned to him under the rules agreement;


              B. Mr. Collins should be paid for all compensation lost as a result of the Carrier's violation of his rights under the rules of the agreement; commencing March 3, 1969,


              C. And this claim shall be a continuing one until the violation is corrected.


              OPINION OF BOARD: Claimant, W. L. Collins, holds one of three Truck Driver -

              Equipment Operator positions working out of Carrier's Lafayette, Indiana storehouse. All three p and work the same assigned hours. Claimant has a seniority date of March 28, 1947. On the dates in claim an employe junior to him, H. T. Stinnett, with a seniority date of September 3, 1957, an occupant of one of the other Truck Driver - Equipment Operator positions, performed overtime work which Claimant alleges should have been assigned to him by virtue of his superior seniority. Rules 46 (g) and (h) of the Agreement control in assigning overtime in the instant case:


                    "(g) Except where it is otherwise agreed between the

                    Management and General or Local Chairman in working

                    overtime before or after assigned hours or on call under

                    Rule 47, employes regularly assigned to the positions on

                    which overtime is necessary shall be given preference;

                    the same principle shall apply in working extra time on

                    holidays. (Added effective January 16, 1956)."


                    "(h) When additional help is required for overtime work, or when the duties to be performed on overtime cannot be identified with a specific position, employes in the office or at the facility where the overtime se be performed will be given preference to such overtime in accordance with seniority, fitness and ability. (Added effective January 16, 1956)."


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                    Award Number 19469 Page 2

                    Docket Number CL-19344


Inasmuch as the overtime work to be performed on the dates claimed could not be identified specifically to one of the three Truck Driver - Equipment Operator positions junior employe under the provisions of Rule 46(h) if he had the fitness and ability to perform the work requiring overtime, as is clearly indicated by the language of the Rule, particularly the last phrase, "fitness and ability". The record shows that the Carrier had, with reason, some doubts as to Claimant's "fitness and ability". Their doubts were timely made and substantiated in the record. Claimant has not come forward with any proof to the contrary, and has not denied the allegations raised by Carrier concerning his fitness and ability. Under the particular circumstances in this case, the Board is of the opinion that Carrier's handling of the matter was without prejudice, and that since the Claimant has not come forward with proof to the contrary, and, as a matter of fact, they have not even alleged that Claimant had the necessary fitness and ability, the Claim must be dismissed.

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


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        Claim dismissed in accordance with Opinion.


                    A W A R D


        Claim dismissed in accordance with Opinion and Findings.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: 4CO-4 /l ~Executive Secretary

 Dated at Chicago, Illinois, this 30th day of October 1972.

 :,_ .,,J