(Brotherhood o; Railway, Airline and Steamship Clerks,
 ( Freight Handlers, E,rrress and Station r.^mployes
 PAR= mp DISK=:
 (:New Orleans Public Belt Railroad

 qm r-.r, O.,
 PARTIES TO DISPUTE.': CL o_' the System Committee of the 3rot.ker?;ood

1 Ca_'~^ier cio=2tea, and contin_es to vio'--te, :._e _-=rt_°_s' Asreenent when it arbitrarily refused to permit iIy-ne Campbell to exercise her seniority and displace a junior employe namely M. n". cvr'jso, Assistant accountant position in accordance with seniority and th=_ r-les of the 'Agreement.

 2. Carrier shall -ce required to ner-mit employe Ylyrrrne Campbell to e:cercise her seniority and displace M. A. Caruso.

 3. Carrier shall 'ce required to compensate employe ::~^^e A. Campbell eight (8) hours pay at the rate of -ray of the Assistant accountant position beginning October 2, 1978 and all subsequent days until the :=olation is corrected.

 4. Car=ier shall be required to pay &/o interest compounded daily on such difference in rate until Claimant is Bade whole.

 OPIi:ION OF BOARD: At the time of this dispute, Claimant, M. Campbell
 held the position titled Assistant Belt Clerk, Job
 Code 4110. This position was abolished effective September 29th, 1973.
 Claimant then notified Carrier of her desire to displace M. A. Caruso,
 Assistant Accountant, an employe ,junior to Claimant. On October 4th,
 1978, Carrier's Manager of Purchases, Claims, and Labor Relations ad
 vised Claimant that she could not exercise displacement rights to the
 position of Assistant Accountant because she did "not" possess the fit
 ness and ability to qualify for the position."

 :=a Organization contends that Carrier's action violated Rules 4 and 12 of Section IV of "greement sf_mce Claimant had previously worked the position. In rele·,ant part, Pule= 4 and is stn+_e:
                  Docket :L=ber CL-23c9 L


            Rule 4 of Section IV


            "Competency and fitness for position and seniority will govern in filling vacancies. Where the other qualifications are in judgment of the General Manager and the duly accredited representative of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station -Bnployees, sull,~icieat, seniority will govern. NOTE: The word suffici~ent, is intended to more clearly establish. the right of the senior clerk or employee to bid in a -ew nositioa or vacancy where Sao or mere employees have adequate fitness and ability." (emphasis added


            Rule 12 of Section 1V


            "When aositions are abolished or forces are reduced seniority rights shall govern."


This is not the first time that Claimant was the senior bidder o= the position of Assistant Accountant. 1n June, 1974, Claimant bid for this position. Carrier declined to place Claimant in the position on the grounds that her qualifications were not sufficient to work the position. The Organization's contention that Carrier's action violated the agreement was heard by this Board. In Award 21009 we held that Carrier had met its burden of establishing that flaimant was not qualified for the position.

 To overcame our earlier Award Claimant must establish that she is more qualified for the position than she was at the time of Award 21009. on the aontraryj, the evidence presented indicates that claimant is no more qualified now than at the time her first claim vas denied by this Hoard. For this reason., we will deny the claim is its entirety.

        rI:T T.TGS: 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 23134 Page 3

                  Docket Number CL-23094


That the Carrier and `_he Employes involved in this dispute are respectively Carrier and Employes within the :weaning 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.


                        NATIOIWAL Rt;I1,ROAD ADJUSCZZi BOARD

                        By Order of Third Division


F.1. S__:
                &

        :..,ecn_i·~·e Secretary


Dated at Chicago, Illinois, this 15th da;; o° January 1981.