Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28646
 THIRD DIVISION Docket No. CL-28876
 91-3-89-3-388
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (The Belt Railway Company of Chicago

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood

1. Carrier violated the effective agreement when it arbitrarily and capriciously refused to permit Mr. John 41. Rocsis to exercise seniority to Position #546, thereby denying him the opportunity to demonstrate his fitness and ability for said position.

 2. Carrier shall now compensate Mr. Rocsis eight (8) hours' pay at the rate of Position #546, less the amount already paid, for November 14, 1988, and for each and every day thereafter that he is denied the position claimed."

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

 Parties to said dispute waived right of appearance at hearing thereon.

 The issue in this case is whether the Claimant had the requisite qualifications needed to fulfill the responsibilities of Valuation Accountant, Position No. 546.

 The record shows that the Claimairt previously had sought and been denied the same position as in this Claim. Award 8 of Public Law Board No. 4247 in pertinent part held that "claimant did notpossess the necessary qualifications, nor could he have been reasonably expected to develop them within the allotted time period." Because we find no substantive change in the Claimant's work record and education background since that Award, we will deny the Claim.
 Form 1 Award No. 28646
 Page 2 Docket No. CL-28876
 91-3-89-3-388






Attest:
              7M 093,

      Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 29th day of January 1991.