Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 33395
Docket No. CL-34126
99-3-97-3-654

The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

(Transportation Communications International Union

PARTIES TO DISPUTE:

(National Railroad Passenger Corporation

STATEMENT OF CLAIM:

"Claim of the System Committee of the Organization (GL-11838) that:





FINDINGS:

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.
Form 1 Page 2

Award No. 33395
Docket No. CL-34126
99-3-97-3-654



At the time this dispute arose, Claimant had exercised his seniority to an extra board position and began attempting to qualify for the position of Ticket Agent at Springfield, Massachusetts. During his thirty-two (32) days of qualifying, Claimant was tested twice on the Standard Qualifying criteria test and failed to pass each time. On April 7, 1994, Claimant was notified that he was disqualified from working a Ticket/ Agent/Clerk position.


A review of the record in this case indicates that it is unrefuted that at no time during his qualification period was Claimant able to perform his duties without assistance. We find no indication that Carrier was either unreasonable or arbitrary in its decision to disqualify him from the position.


AWARD

Claim denied.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimants) not be made.


NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 13th day of July 1999.