PARTIES TO DISPUTE:

STATEMENT OF CLAIM:
"Claim of Mr. David J. Schnalzer to be restored to position of welder and payment for all time lost at the welder position from December 20, 1979 until restored to welder position.°
OPINION OF BOARD: This is a fitness and ability dispute in which Claimant,
 David J. Schnalzer, was adjudged lacking in ability to handle the position of Welder at Carrier's Easton Maintenance of Way Shop. The record before the Board shows that on or about December 1, 1979 the Claimant displaced a junior employe from Welder's position at the above noted Repair Shop with tour of duty from 7:00 AM to 3:00 PM, rest days Saturday and Sunday. After approximately three (3) weeks on the job the Claimant received notice, dated December 20, 1979, which stated the following:


By letter dated February 5, 1980 the Claimant protested his disqalification and requested a hearing under Agreement Rule 5(a). After said request was denied by the Carrier, the claim was appealed up to and including the highest Carrier officer designated to hear such appeals.
With respect to Carrier denial of hearing on property this Board rules that this was a correct determination by the Carrier since the Rule cited by Claimant addresses the issue of discipline and not job qualification. Further, the Board can find nothing in the record to suggest current Agreement contravention by the Carrier. The facts of the case herein at bar are straightforward. The Claimant bid on and assumed a skilled position. After a fair trial period the Carrier concluded that the Claimant was not qualified to fill this positron. Nothing in the current Agreement requires the Carrier to keep employes in a position if it is determined that the employes are unqualified to do the work required. Such ruling by this Board is consistent with past Awards of the National Railroad Adjustment Board (Third Division Awards 21507; 22892; 23942). Absent, therefore, evidence that the actions of the Carrier were arbitrary or capricious, this Board denies the Claim.
          Award Number 24626 Page 2



        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 Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
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:
          Nancy er - Executive Secretary


Dated at Chicago, Illinois this 13th day of January 1984.
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