"Claim of the System Committee of the Organization (GL-11201) that:

The following claim is hereby presented to the Company in behalf of Claimant Rosa Holland:

(a) The Carrier violated the Amtrak-Northeast Corridor Clerks' Rules Agreement particularly Rules 2-A-5 and 3-C-1 when in a letter from D. H. Savidge dated April 21, 1994; Ms. Holland was disqualified and removed from position ICS-5 Clerk-Stenographer effective close of business that same day. Ms. Holland did not receive the proper amount of time or the cooperation of the department before being removed from the position. Mr. Savidge failed to discuss this matter with the proper Local Chairman nor was the Division Chairman notified in writing of the reasons for this action.

(b) Ms. Holland who has worked for Amtrak since August 1988, as a Clerk-Stenographer and is now currently working as a Clerk-Stenographer in the Materials Department should now be allowed two days' pay at $111.52/per day for April 22 and 25, days which she was not permitted to work; one hour's pay $13.94 at time and a half for every day she has worked and will work due to the different starting times of position ICS-5 and the position she was forced to take

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 were given due notice of hearing thereon.

Claimant had worked in the capacity of a Clerk Stenographer until the date the instant claim arose. On or about March 23, 1994, she displaced to Clerk-Steno position ICS-5 in Carrier's Transportation Department. She was disqualified therefrom on April 21, 1994, the 28th day. At issue is the following rule:

"Rule 2-A-5 - Time in which to Qualify

(a) Employees awarded bulletined positions or exercising displacement rights will be allowed thirty (30) days in which to qualify and failing to qualify may exercise seniority under Rule 3-C-1. The thirty (30) days may be a:tended by agreement between the Local Chairman and the proper Corporation official.

(b) When it is evident that an employee will not qualify for a position, after conference with the Local Chairman, he may be removed from the position before the expiration of thirty (30) days and be permitted to

exercise senioritv under Rule 3-C-1. The Division Chairman will be notified in writing the reason for the disqualification.

(c) Employees will be given full cooperation of the department heads

and others in their effort to qualify."

It is uncontroverted on this record that the Carrier did not supply the Division Chairman with written notification when it removed Claimant from the Clerk-Steno position two days before her time to qualify had expired. On the other hand, the Organization has failed to prove that she was unfairly disqualified. Accordingly, the Board finds that Claimant should be permitted two days pay at $111.52 per day for the two days she was not permitted to work the Clerk-Steno ICS-5 position within the 30day probation per of the monies claimed, or for the reinstatement of Claimant to the ICS-5 position.

AWARD