Joseph A. Sickles, Referee


(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Pacific Fruit Express Company

                STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-8058, that:


(a) The Pacific Fruit Express Company violated the Clerks' Agreement on March 21, 1975 when it disqualified Mr. Dallas M. Adams from position of Key-Entry Operator and;

 (b) The Pacific Fruit Express Company shall now be required to allow Mr. Adams eight (8) hours' pay March 24, 1975 and each day thereafter until he is reinstated to position of Key-Entry Operator.

 OPINION OF BOARD: We find no basis for the Employe's assertion that
 the Hearing Officer acted improperly, and to
 Claimant's prejudice. Our review of the transcript, and the entire
 record, compels us to conclude that the dispute is properly disposed
 of upon a consideration of its merits.

 The test to be applied is whether or not this employe possessed - and demonstrated - the fitness and ability to perform the duties of the job.

 An investigation was conducted in this regard. It appears that the Employe did not follow directions and that he never achieved the reasonable minimum production rate established for the key entry function. It appears that Claimant's shortcomings did not result from any "discrimination or unjust treatment" or lack of training on Carrier's part but, rather, must be attributed to the Claimant's inability or unwillingness to perform the job. In short, the Carrier's determination that Claimant did not possess the requisite fitness and ability can not be considered to be arbitrary.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole
 record and all the evidence, finds and holds:
                  Award Number 21630 Page 2

                  Docket Number CL-21442


        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

        That the Agreement was not violated.


                  A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By, Order.of Third Division


ATTEST:
          ~'A/' e&4~-

        Executive Secretary


Dated at Chicago, Illinois, this 29th day of July 1977.

                                      ~,cEl v~o


                                  i~ AU G 2 4 1977

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