Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12444
 SECOND DIVISION Docket No. 12284
 92-2-91-2-75
 The Second Division consisted of the regular members and in
 addition Referee Herbert L. Marx, Jr. when award was rendered.

 (Brotherhood Railway Carmen/ Division of TCU PARTIES TO DISPUTE:

STATEMENT OF CLAIM:
1. Carmen Gene Miller and Mark Story, Council Bluffs, Iowa, were denied the right to exercise their seniority for a job of their choice with a preferred shift and rest days account the Chicago & North Western Transportation Company violated Rules 14, 16 and 21 of the controlling agreement when it failed to bulletin Job 008 - Freight Car Repairer, 8:00 p.m. to 4:30 a.m. at Council Bluffs, Iowa on November 7, 1989. Carrier also violated Rule 29 (time limits) when Carrier failed to answer original claim submitted within the 60-day time limit.

 2. Accordingly, Carmen Gene Miller and Mark Story be compensated eight (8) hours per day at the time and one-half rate of pay for each work day held off Jobs 008 and 015 dating from December 3, 1989 to December 31, 1989 and each work day thereafter as this is a continuous claim.

 FINDINGS:
The Second 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.

 Except as to claimed dates, the Claim is identical to that reviewed in Second Division Award 12443. Since that Award was recognized as a continuing Claim encompassing the Claim herein, no action by the Board is required..


Form 1 Award No. 12444
 Page 2 Docket No. 12284
 92-2-91-2-75
 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Second Division
 Attest:



Dated at Chicago, Illinois, this 30th day of September 1992.