STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

1) Carrier violated the Clerks' Rules Agreement at Chicago, Illinois in Seniority District No. 152 on June 1, 1976 when. it unjustly treated employe Barbara Cram by failing to award her Assistant Cashier Position No. 89320 and in lieu thereof awarded the position to a junior employe.

 2) Carrier shall now be required to assign Employe B. Crum to Assistant Cashier Position No. 89320.

 3) Carrier shall further be required to compensate Employe B. Crum an additional eight (8) hours pay at the pro rata rate of Position 89320 for June 1, 1976 and for each subsequent workday until the violation is corrected.

 4) Carrier shall be further required to pay seven percent interest compounded anm·=»e on such rate until such time as claimant is made whole.

 OPINION OF BOARD: Claimant applied for an advertised vacancy
 (Assistant Cashier Position No. 89320), but it was awarded to a junior employe because, according to Carrier, Claimant "lacked sufficient fitness and ability."

 Subsequent to an "unjust treatment" investigation, Carrier restated its conclusion which prompted this claim.

                  Docket Number CL-22319


          "RULE 7 - PROMOTION


        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.


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


        "RULE 8 - TIME IN WHICH TO QUALIFY


        (a) When an employe bids for and is assigned to a permanent vacancy or new position he will be allowed thirty (30) working days in which to qualify and will be given full cooperation of department heads and others in his efforts to do so. However, this will not prohibit an employe from being removed prior to thirty (30) working days when manifestly incompetent. If an employe fails to qualify he shall retain all seniority rights but cannot displace a regularly assigned employe. He will be considered furloughed as of date of disqualification and if he desires to protect his he must comply with the provisions of Rule 12(b)."


The parties have cited various Awards which deal with the rights and obligations of the respective parties in these types of disputes, but we find no need to comment upon those citations because we are unable to find any basis for sustaining the claim. In short, we find nothing of substance which reasonably suggests that "personal reasons" motivated the Carrier's action, or that Claimant was victimized by prejudgment. The thirty (30) day rule does not require an initial appointment.

        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;

                  Award Number 22442 page 3

                  Docket Number CL-22319


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 ADJOSTMQRT ECAED

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 29th day of June 1979.