(J. M. Mattingly PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "I was denied Position 16 Storekeeper Carbondale, I7.1
 September 1977. And position was awarded i:o junior employee W. A. Dunning, Sob was bulletined a And am claiming daily rate of $61.88 per day for every day being withheld from this position."

 OPINION OF BOARD; On September 6, 1977, Carrier bulletined Position 16
 (Stockkeeper) Carbondale, Illinois, se a permanent vacancy. The Claimant was the senior bidder f employs was assigned.

 The (;artier argues that the Claimant was not assigned (instead. of
 the ,junior employs) because he lacked sufficient, fitness and ability for the ,-
 position.

 Rules 6, 7, 8, 10 and 14 of the Agreement; are pertinent to the bulletining and awarding of the Stockkeeper's position at Carbondale. Under the accepted application of these rules, the Claimant is required to possess a minimal amount of fitness and ability prior to his being awarded the vacancy.

 The Claimant contended that he possessed the potential fitness and ability for the ,job. But, he seems to have done little or nothing more than make that basic contention. He has submitted no evidence that he possessed such fitness and ability. Moreover, we do not find that Carrier has acted in an arbitrary or capricious manner. The claim will be denied.

 FINDINGS: The Third Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and
 upon the whole record and all the evidence:, finds and holds;

 That the (kirrier and the Ilnployea involved In this dispute are respectively Carrier and I~tnployer: within the meaning of the Railway lAbor Act, as approved June :'1, f)_i4;
 Award fYunitmr 23.522
 Docket Tiun,ber Ms-2365

 Page 2

 That this Division of the Adjustment Board has Jurisdiction over the dispute involved herein; and

 That tire. Agreement was not violated.

 Claim denied*..

 NATIDTAL RAILROAD AWTB740T BQMD
 By Order of Third Division

 Fxecutiv* Secretary

 Dated at QiiaWj. Il?inalg; this, 29th daa, of January 198a~

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