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

STATE1,1ENT OF CLAIM: Claim of the System Committee of the Brotherhood

(1) Carrier violated the Agreement between the parties when on April 9, 1979, it assigned temporary Ticket Agent position C-065, Pittsburgh, Pennsylvania, to junior employee T. L. Couch, thereby excluding senior employee Mary A. Collavo who with said Agreement, and

 (2) As a result of such impropriety, Carrier shall be required to compensate Claimant M. A. Collavo eight (8) hours' pay at punitive rate beginning April 16, 1979, and continuing each subsequent work date that a ,junior employee, is allowed to perform service on Ticket Agent position C-065 at Pittsburgh, Pa." '

 OPINION OF BOARD: This is a fitness and ability dispute in which the Claim
 ant was adjudged lacking in ability to handle a temporary
 position of Ticket Agent at Pittsburgh; as employee with less seniority was
 awarded the position.

 The record indicates that the Claimant, at the time of the vacancy had some thirty-five years of service with Carrier. She had spent most of that time as a messenger or janitress. For a period of nine months she had previously worked the position in question is this dispute and for an additional period of some twenty months had worked a less demanding fob as a ticket agent at another location (both ,positions had been abolished). The record indicates further that Carrier officials, in observing her work as a ticket agent, had come to the conclusion that her abil assignment of ticket agent. Carrier documented these observations and conclusions in support of its decision. No contrary evidence was furnished by Petitioner.

 In disputes such as this, it has long been held that Carrier has the right to make ,judgments about'the qualifications and abilities of applicants for positions. Such judgments may not be overturned by Boards such as this unless there is convincing evidence that the decision was arbitrary or capricious. In this dispute t that Claimant had the requisite ability, in the face of Carrier's assertions to the contrary; and further., no evidence to indicate that Carrier's conclusions were arbitrary or capricious. The Claim must be denied.


        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 (terrier and the Employes involved in this dispute are respectively (terrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193;

 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.


                            NATIONAL RAILROAD AII,TUST<EVT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


      By _ s arie Biasch - Administrative Assistant


      Dated at Chicago, Illinois, this 15th day of July 1982.


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