Herbert L. Marx, Jr., Referee


              (J. H. Johnson


PARTIES TO DISPUTE:
              (The Atchison Topeka and Santa Fe Railway Company


STATEMENT OF CLAIM: "Claim of J. H. Johnson that:

 (a) Carrier violated the rules of the current Clerks' Agreement at Los Angeles, California, commencing May 19, 1983, when it wrongfully disqualified Mr. J. H. Johnson
(b) Claimant Johnson shall now be returned to Position 6153, Steno to Agent, and be compensated eight (8) hours' pay at the pro rata rate of $95.33 for each work day Claimant is wrongfully withheld from Position 6153, in addition to any other compensation Claimant may have received, including interest payable at the prevailing prime rate, as a result of such violation of Agreement rules."

 OPINION OF BOARD: Claimant exercised his rights to displace an employee on
 Position No. 6153, Steno to Agent. Prior to being placed
 In the position, the Claimant was given a stenography test, which he passed.
 According to the Carrier, the Claimant was given five days as a break-in
 period and subsequently served in the position for an additional eight days.

 The Carrier determined that the Claimant was unable to perform the work and was not qualified therefor. Claimant was afforded an informal hearing, accompanied by Organ
The record shows an extensive presentation by the Carrier as to the Claimant's unsatisfactory performance in stenography and his failure to perform other portions of hi Claimant disputes these contentions in great detail. The Board determines, however, that the Carrier's judgment that the Claimant was not able to meet the requirements of the position was well founded.

      This sequence of events occurred under Rule 9, which reads as follows:


                    "RULE 9 - - QUALIFYING


          9-A. Employes with sufficient fitness and ability will, when bidding on bulletined positions, transferring, exercising displacement rights and/or when recalled for a new position or bulletined vacancy, be allowed 45 working days in which to quali rights and may bid on any bulletined position but may not displace any other employe.

                      Award Number 26370 Page 2

                      Docket Number MS-26224


          9-B. When it is decided, following informal hearing with employe involved, that the employe is not qualified for position to which assigned, he may be removed therefrom before the expiration of 45 working days. At such Informal hearing the employe may be represented by his duly accredited representative or an employee of his craft. The informal hearing shall be held within three days from date employe is notified unless a longer time is agreed to. The right of appeal from Management's decision is recognized.


          9-C. Cooperation will be given employes by all concerned in their efforts to qualify. If management requires an employe to break-in on a position to which he is assigned for the purpose of familiarization or if the employe requests break-in time and it is granted by Management, the employe will receive the rate of the position. All breakin time must be for a full eight hours and during the regularly assigned hours of the position. As of the date the break-in commences, such employe will be considered as the occupant of the position. Management will determine the total number of break-in days required. The number of days allowed hereunder will not be counted as part of the 45 working days referred to in this Rule 9. During the break-in period, an employe will not be considered available under Rule 14-C.(2) nor will he be diverted under Rule 32-N.


          9-D. Employes who are disqualified under Rule 9 (on other than temporary vacancies) shall thereafter be considered off-in-force-reduction and subj


          9-E. An employe who fails to qualify on a temporary vacancy shall return to his regular position."


Numerous Awards have supported the view that a Carrier's determination of an employee's fitness overturned unless it is found to be arbitrary and unreasonable. Nothing in the record indicates that the Carrier acted improperly in the exercise of its judgment in this instance. There is also no support for the view that an employee must be given the entire qualifying period. This is explicitly set forth in Rule 9-B. The Claimant's extensive explanations of his conduct do nothing to offset these conclusions.
                      Award Number 26370 Page 3

                      Docket Number MS-26224


        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;

 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 J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 25th day of June 1987.