Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. =9465
 THIRD DIVISION Docket No. CL-29509
 92-3-90-3-449
 The Third Division consisted of the regular members and in
 addition Referee Dana Edward Eischen when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (National Railroad Passenger Corporation

 STATEMENT OF CLAIM:

 "(Carrier's File No. TCU-D-3149/TCU File No. 393-09-046)

 Claim of the General Committee of the Brotherhood (GL-10492) that:

 1. The Carrier acted in an arbitrary and capricious manner and in violation of Rules 5, 6, A and other related Rules of the Agreement, when on May 17, 1989 it failed or refused to award the Ticket Accounting Clerk poeltion advertised in Bullet Mr. Kerry Sheahan, but, instead, awarded the position to junior clerk. Ys. Theresa Stuckey-McCants.

 2. The Carrier shall be immediately required to place Claimant, hr.
 Sheahan, on the position and compensate him an amount equal to the dltferrnce
 between what he has been and will have been paid and chat he would have
 and would be paid had he been awarded the above described position; and
 Carrier shall, addltiunally, compensate Claimant three dollars ($3.~)U) per
 day, starting on May =9, 1989, for each working day he has been and will he
 withheld from the position."

 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 )f the Adjustment Board has jurisdiction over the dispute involved herein.

On May 10, 1989, Carrier advertised for application/bids a Ticket Accounting Clerk Position, Bulletin Number: FNC-530, in the Chicago, Illinois, Revenue Accounting Office. The description of duties and qualifications for this new, perm Form 1 Award No. 29465
 Page 3 Docket No. CL-29509
 92-3-90-3-449

 In response, the Organization filed a claim alleging that the Carrier had violated Rule 6 and other related Rules of the Agreement when it awarded the position to the junior employee.

"RULE 5

PROMOTION, ASSIGNMENTS AND DISPLACEMENTS











            (a) Employees awarded bulletined positions or exercising displacement rights will be allowed thirty (30) calendar days in which to qualify and failing to qualify may exercise seniority under Rule 10. The thirty (30) calendar days may be extended by agreement between the appropriate organization representative and the proper corporation official.


            (b) When It is evident that an employee will not qualify for a position, after conference with the District Chairman, he may be removed from the position before the expiration of thirty (hl) ,lendar days and be permitted to exercise seniority under Rule 10. The appropriate organization representative will be notified in writing the reason for the disqualification.

Form 1 Award No. 29465
 Page 2 Docket No. CL-29509
 92-3-90-3-449

          "Title of Position: Ticket Accounting Clerk


        Rate of Pay: $ 75.42 - $ 100.56


        Hours of Assignment: 8:00 am - 4:30 pm.


        Days of Assignment: Monday through Friday.


          Days of Rest: Saturday and Sunday.


        Meal Period Assignment: 12:15 pm to 12:45 pm.


        New Position or Vacancy: New Position


          Vacated By: New Position


          Permanent or Temporary Assignment: Permanent


        Temporary Assignment - Probable Duration:


          Description of Duties:


        Must be knowledgeable of, and able to interpret train

        schedules, routing and subsequent connections. Must

        demonstrate and maintain proficiency in t;ie use of

        Amtrak and/or other tariff publications and ARROW

        bulletins. Must be thoroughly familiar with Amtrak

        policies/pr)cedures as they affect refund;, reser

        vations ·and be .acquainted with geography, fares and

        off-line r,,ittng. Specifically must be proficient

        in the area of inter-line route fares, open fares,

        circle tripe, excursion and discounted fares and be

        capable of rating wholly unused and partially unused

        tickets. Must analyze, prepare and reconcile mone

        tary reports. Must be able to clearly communicate,

        both dritten and orally, with passengers and other

        Amtrak personnel. Must become proficient in depart

        mental procedures. Must be ARROW trained and fully

        qualified in system utilization. Perform other

        clerical duties as assigned. Must be a qualified

        ticket accounting clerk or have worked as a qualified

        ticket clerk within the past 12 months. Must comply

        with Amtrak Rules of Conduct, Safety Rules and Pro

        cedures.'


The Claimant ;ubmttted a bid for this position. The Carrier determined that the Claimant did not Rule 5 of the parties' Agreement. Effective May 17, 1989, the Carrier awarded the Ticket Accounting Clark position to a junior qualified employee.
 Form 1 Award No.29465
 Page 4 Docket No. CL-29509
 92-3-90-3-449
 (c) Employees will be given full cooperation of the
 department heads and others in their effort to
 qualify.
 (d) An employee who is disqualified from a temporary
 vacancy may immediately return to his former
 position."

 For its part, the Organization asserts that the Carrier violated Rules 5 and 8 when it "ignored" the fitness and ability of the Claimant and denied him the position solely on the basis that he had not worked as a Ticket Clerk in the past twelve months. According to the Organization, the Claimant's prior positions have Further, the Organization contends that Rule 5 does not require that an employee be fully qualified that the provisions of Rule 8 recognize that employees do not have to be qualified or have recent ex have been found to be improper in the past.

 The Carrier admitted that two individuals were previously awarded this position through a "management oversight." In one instance, the Carrier did not investigate the time that had elapsed since an individual had been a Ticket Clerk. In the second circumstance, the Carrier maintains that the Organization submitted a grievance pertaining to the .est being used t,) measure the applicant's qualifications. Rather than "penalize" the individual during the ongoing discussions, the Carrier stated that it chose to qualify her without the test. The Carrier further asserts that these two Instances "do not overcome the Claimant's lack of fitness and ability" for the position.

 There is no dispute that the Claimant was the senior employee applying for the position, however experience of the Claimant. It was unable to prove the current capability and recent experience required by the bid. The record does not support the Organization's contention tha line of precedent supports Carrier's assertion that it has reserved managerial discretion in setting reasonable job standards. The balance of the issues raised by the Organization on this record are definitively resolved by Special Board of Adjustment No. 1033, Award 7 between these same parties:

          "The Carrier has outlined the numerous changes to the job brought on by computerization and electronic advances .and the Board is convinced that the nine (9) years absence significantly altered the ability to perform. Further, the Organization has shown only a prior experience, but not a current capability.


          Among other Awards, Carrier has relied specifically on Award $5, Public Law Board 4418. That Awa decided a dispute between these same parties regarding Rules 5 and 8, and resolved the dispute again the Organization. We do not find the Award palpably erroneous and feel it controls here."

Form 1 Award No. 29465
 Page 5 Docket No. CL-29509

                                          92-3-90-3-449


                        A G A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


                        000,

Attest:
      60~ t'

      ,ancy J. D - Executive Secretary


Dated at Chicago, Illinois, this 7th day of December 1992.