(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Soo Line Railroad Company

(1) Carrier violated the effective Agreement, specifically Rules 25 and 33, when effective May 2, 1977, Claimant F. Tyler was arbitrarily and improperly disqualified from Position 12116, Distribution Clerk, in Seniority Distri
(2) Due to Carrier having failed to render decision within 10 days of May 6, 1977, and having also failed to show Claimant was not qualified on Position 12116, Distribution Clerk, Claimant shall now be returned to Position 12116 and be compensated for all time lost as result of this improper disqualification.

 OPINION OF BOARD: The record shows that claimant was assigned to
 position No. 12116, Distribution Clerk, on
 March 21, 1977. On May 2, 1977, claimant was removed from position
 No. 12116 on the basis that she failed to qualify for the position.
 Hearing was requested on behalf of claimant under the provisions of
 role 25 of the Agreement.

 The requested hearing was scheduled for May 6, 1977, and commenced on that date, but was not completed. The fact that there may have been a malfunction of Carrier's equipment, or that claimant may have had a heavy West Indies' accent, as stated by the Carrier, cannot be accepted as proper excuses for the Carrier not completing the hearing that commenced on May 6, 1977, and rendering a decision within the time limits specified in the Agreement. However, it is clear from the record that claimant waived any objection to rescheduling of the hearing to May 18, a postponed to May 25, 1977.


It is a well established principle of the· B4wc* tha! it is the Carrier's prerogative to determine the qamlificstioa or im employes, and when the Carrier determines that anemploye is n~ qualified for a position, the burden then shifts to. the eqpdamyc to prove that he or she is qualified.

 The Board has carefully reviewed the trasscript.of the hearing, and exhibits, and we do not find that claimant met the burden of proving that she was qualified for position No. 12116. Qs the other hand the Carries submitted substantial evidence showing that siic was not qualified for the position. The record also shows that- clixt-a had previously been cautioned on different occasions about her job perfosmaace.

 Under the conditions that existed, the Board does not consider the rescheduling of the hearing to have been prejudicial. to cladmrurt's rigbt to present evidence to prove her qualifications for Position No, 17116, which she failed to do.

 F~ The-Third Division of the Adjustment Board, upon the whole
 resandLsad all the evidence, finds and holds:

        That the parties waived oral hearing;


T9~C tits Carrier and the Employes involved in this dispute are respecttve!by Carries and Employed 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


        Main denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Thd.xd Divdaion


ATTEST:__,~ &425-LW
 eartive Secretary

 Dated at Chicago, Illinois, this 31st day of Jnly 1979.