(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station EVloyes PARTIES TO DIM=:

SUM40T OF CLAM: Claim of the System Committee of the Brotherhood

1. The Western Pacific Railroad Company violated Rules 29 and 30 of the Agreement when it failed and refused to assign employe Donald Price to Transit Clerk Position Z-0051 bat, instead, awarded it to junior employee C. A. Thomas, and,

 2. The Western Pacific Railroad Company shall now be required to allw Donald Price the difference in earnings lost because of the nonassigament from January 2, 1979 and continuing each day thereafter until Rules 29 and 30 are complied With and is assigned to Position No. Z-0051, Transit Mark.

 OPINION C8 BOARD : Claimant was not promoted to the transit clerk position,
 instead a junior employe by three-and-s-half years was
 so promoted. The Carrier notified the claimant that its decision was made
 not on seniority alone, but pursuant to Rule 29 on the basis of seniority,
 fitness, and ability. The Organization asserts that the Carrier was arbi
 trary and capricious in determining that the claimant's fitness and ability
 were not sufficient.

 The Organization raises the issue that Rules 29 and 30 must be considered together which requires that the claimant be granted a thirty-day appointment to the position on a trial basis.





"employee Junior to other applicants is assigned to a bulletined position, the senior employees making application will be advised the reason for their non-assignment if they request such information in writing and file it within 15 days from date of assignment.

 NOTE: The word 'sufficient' is intended more clearly to establish the right of the senior employee to bid in a new position or vacancy where two or more employees have adequate fitness and ability."

 FAILIME TO QM3FY RILE 30 (As Revised 8/1/75)-

 (a) Employees entitled to bulletined positions or exercising displacement rights will be alloyed thirty (30) working days in which to qualifyp and failing, shall retain all their seniority rights and may bid an any bulletined position but may not displace any regularly assigned employee.

 An employee who fails to qualify on a temporary vacancy may iiately return to his regular position.

 (b) Rsployaes will be given full. co. operation of department heads and others in their efforts to qualify.

 (c) An employee may not be disqualified before the expiration of thirty (30) working days without a prior hearing being bold unless the employee and the Division Chairman or General Chairman waive such hearing.

 (d) Employees who are disqualified under this rule on other than temporary vacancies and who have not bid for and been assigned to a bulletined position within thirty (30) days following di as furloughed and subject to the provisions of paragraphs (b), (c) and (e) of Rule 40."
                      Docket Number CL-233I


We do not conclude from a reading of Rules 29 and 30 that in every instance the senior employe soot be given a thirty-day trial period,, prior to the promotion of a junior appointee to a position. Such an interpretation would do violence to the clear language in Rule 29 which allows the carrier to make a determination with respect to the fitness and ability of an applicant for a position and thereafter mot appoint a person who is not qualified. Carried to its logical conc a disruptive series of thirty-day trial periods of obviously roqa611fied persons before a qualified person is put in the position.

 The determination of fitness and ability is a managerial prrorogative which will be sustained unless its action is shown to hate been arbitrary or capricious.

 The record does not show that the Carrier vas arbitrary and capricious in making this determination. The Carrier, because of the nature of this position involving complex accounting procedures has.. in the past, selected persons with extended experience when promoting to the position of transit clerk. While extended experience cannot be the only factor in determining fitness, it can be a significant factor when the nature of a position is taken into consideration. The positiens occupied by the alaimat have been mostly entry level., and at the time of the bid an tote transit clerk position., he was still learning to be a rate and division elwk, being classified as a junior in that position. It is apparent that the alalmant vas still very much in the early stages of being trained for the subsidiary position.

 Since the record does not show that the Carrier's actions were arbitrary or capricious and mines there is m absolute requirement that an employe whose employment record does not establish fitness and ability be granted a thirty-day trial period,9 the claim will be denied.

        FIRDMICB: The Third Division of the Adjustment Hoard., upon the whole record and all the evidence.. finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Amployes involved in this dispute are respectively Carrier and Anployes within the meaning of the Railway Labor Acts as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction aver the dispute involved herein; and
 Award Barber 23249
 Docket Nmber Ci.-23340

 That the Agreement was not. violated.

 A W A R D
-Claim denied,

 ATTEST:
        Executive ear


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 NATIONAL RAILROAD ADJ'UB%VT BOARD
 By Order of Third Division

 Dated at Wcago, ILlinoisj, this 31st day of March 1981.

Cm