( Freight Handlers, Express and Station Employee PARTIES TO DISPOTE;

STATEMENT OF CLAIM; Claim of the System Committee of the
 that: Brotherhood (GL-8632)

 1) Carrier violates, and continues to violate, the Clerks'. Rules Agreement in Minneapolis, Minnesota when it arbitrarily and unjustly denied Employe James E. Marsh the right to displace on Position No. 10010, General Clerk, on January 11, 1977.

 2) Carrier shall be required to assign Employe James E. Marsh to Position 10010, General Clerk, in the Division Manager's office and compensate him additional eight (8) hours pay at the pro rata rate of Position 10010 commencing on January 11, 1977 and for each subsequent workday he is denied displacement thereon.

 3) Carrier shall be required to pay 7J% interest to be compounded annually on the anniversary date or dates of this claim, computed on the amount due in Item 2 above.

position the Claimant devoted approximately seven (7) days of his own time an effort to learn th displacement rights.

 On January 10, 1977 the Employe attempted to take over the duties, but his request was denied. Thereafter, he requested and was granted an unjust treatment investigation, however the Carrier continued to assert that the Employe lacked sufficient fitness and ability for the position in question, which prompted this dispute.

 Rule 7 specifies that promotions shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail. Thus,

 Juni
 the or that said rule' gives the senior employe preference over
 promotion, providing the senior employe has been determined
                        Docket Number CL-22662 page 2


to be fit and able to perform the duties assigned to the job. Accordingly, the Organization asserts that this Employe's capabilities are not to be compared with the fitness and ability possessed by junior employes, and because this Claimant has demonstrated the potential to perform all the duties of the position within a reasonable time, given the assistance and guidance of department heads and others, the claim should be sustained.

 The Carrier reminds us that the Employe conceded, at the investigation, that he had never worked in a position of the nature involved herein and that he could not do the job as well as the then current incumbent.

 The Carrier made the determination that the Employe did not possess the requisite fitness and ability to perform the job and, thus, it became incumbent upon the Employe
We have reviewed the rather extensive record, and we are unable to find evidence that this Employe has presented information which suggests that the Carrier's determination was not properly arrived at. Accordingly, we will deny the claim.

        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;

        That the Agreement was not violated.


                                              B.EC~I~ ~~

                                              ` J


                        A W A R D

                        J I~J~


        Claim denied,

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                              NATIONAL. RAIL*;' ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST:~
 Executive Secretary

 Dated at Chicago, Illinois, this 14th day of November 1980.