(S. K. Anderson PARTIES TO DISPUTE:

STATEMENT OF CLAIM: " ascertaining the proper procedures for the

OPINION OF BOARD: Petitioner S. K. Anderson was employed by Carrier as a
 Bridge and Building Carpenter with seniority in that
 class dating July 25, 1978. The regularly assigned foreman of petitioner's
 gang took his vacation June 15, 1981 through June 19, 1981. A Bridge and
 Building Carpenter with seniority date of July 25, 1978 was assigned to and
 worked as relief Foreman of the gang during the five-day vacation vacancy.
 Petitioner contends, on basis of overall seniority, he should have been
 assigned the vacancy. Carrier denied the claim asserting petitioner lacked
 fitness and ability to fulfill the duties of foreman.

 The record in the case before us is barren of evidence that would support a finding that petitioner possessed the indispensable fitness and ability. Accordingly, petitioner has failed to sustain the burden of showing by substantial evidence that he possessed the requisite fitness and ability or that the decision of the Carrier was arbitrary or capricious, and the claim is denied.



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

 That this Division of the Adjustment Board had jurisdiction over the dispute involved herein; and

Award Number 24403

Docket Number MS-24858


                      A W A R D


          Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By
 Rosemarie Brasch, Administrative Assistant

 Dated at Chicago, Illinois, this 26th day of May 1983.

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