(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific ( Railroad Company

1) Carrier violated the Clerks' Rules Agreement at Chicago, Illinois in Seniority District No. 152 on June 30, 1976 when it unjustly treated employe J. G. Kahn by failing to award him Revising Clerk-Grade A Position 89360 and in lieu thereof awarded the position to a junior employe.

 2) Carrier shall now be required to promptly assign employe J. G. Kahn to Revising Clerk-Grade A Position 89360.

 3) Carrier shall be further required to compensate employe J. G. Kahn an additional eight (8) hours at the pro rata rate of Position 89360 for June 30,. 1976 and each subsequent workday until the violation is corrected.

 4) Carrier shall now be required to pay seven percent (7%) interest compounded annually on such rate until such time as claimant is made whole.

Subsequent to an "unjust treatment" investigation, Carrier reaffirmed its conclusion that Claimant lacked sufficient "fitness and ability" which prompted this claim.



        "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 seniority rights he must comply with the provisions of Rule 12(b)."


The main thrust of the Claimant's case seems to center around his assertion that he performed certain "training" concerning equivalent positions; but a thorough review of the record leads us to conclude that his "tra;n~" was certainly not representative of all. of the functions of the position. We find no basis for sustaining this claim. See our recent Award No. 22442.
        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 22443 Page 3

                  Docket Number CL-22311


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 ?1, 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 ADJUST:4ENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


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