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




1) Carrier violated the Clerks' Rules Agreement at Chicago, Illinois when it charged, held investigation and assessed discipline of disqualification against Employe I. R. Blair on October 24, 1980.
2) Carrier shall now be required to reinstate Employe I. R. Blair to her former position and compensate her for all lost time due to her disqualification.
OPINION OF BOARD: Claimant was employed as a Car Record Clerk-Grade B
 Position No. 06270 on July 31, 1980. Her seniority date is
 January 16, 1956. '
On September 30, 1980, the Manager Equipment Accounting Mr. K. E. Konczyk addressed a letter to claimant as follows:







15, 1980.On October 24, 1980, Mr. Konczyk addressed the following letter to
 claimant:






                      Dbckeet Number CL-24640


Claim was appealed as provided in the labor agreement. There is no contention that claimant was not accorded a fair and impartial hearing as required by provisions of Rule 22. During the hearing detailed records were presented as to the number of claims processed by claimant on the six dates in September 1980, quoted above. On the six dates she worked 79 claims and of this number 21 or 26-1/2% were processed incorrectly. Two of the Carrier officers who testifed at the hearing stated they had given claimant training on the job and that she was encouraged to ask questions on matters she did not understand. This record does not support Union contention that claimant was disqualified because she did not perform her job with sufficient speed. It was shown by numerous examples given during the hearing where claimant made significant errors in working individual claims. Similarly, the record does not support the contention that claimant did not enjoy friendly and helpful cooperation on the job.
The evidence supports a finding that Carriers action in disqualifying claimant was based on just and reasonable causes. Very clearly she demonstrated an inability to perform the job within reasonable expectations for speed and accuracy. It is a position of important responsibilities. The person filling it is required to work claims for interline car charges that amount to significant amounts. It is clear Carrier could not tolerate someone in the job who repeatedly made errors in computing charges. There is no support for the contention that Carrier's action in disqualifying claimant was arbitrary, capricious and inconsistent with the facts.
The conclusive evidence in this case may be likened to two other Third Division Awards, 19843 and 19877, as follows:
        THIRD DIVISION AWARD N0. 19843 (Referee Alfred Brent)


        "The record in this case contains sufficient evidence which conclusively indicates that the Claimant was guilty as charged. Accordingly, this Board will not substitute its judgment for that of the Carrier and will deny the claim." (Emphasis Ours)


        THIRD DIVISION AWARD N0. 19877 (Referee Benjamin Rubenstein)


        "It has been consistently held in Awards of this Board that where Carrier has produced substantial evidence and has acted on such evidence in a manner consistent therewith, without a showing of abuse of discretion, we will not substitute our judgment for that of the Carrier, nor disturb its imposition of discipline - if it is consistent with the offense commited (sic). Based on all the facts of record in this dispute, we will deny the claim." (Emphasis Ours)


        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 Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                      Award Number 24564 Page 3

                      Locket Number CL-24640


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 ADJUSTMENT BOARD

                          By Order of Third Division


Attest ·-~/ z",0
        Nancyo~,P/Dever - Executive Secretrary


Dated at Chicago, Illinois, this 17th day of November, 1983.