"Claim of the Committee of the Union that:

1. Union Pacific Freight Express Company (hereinafter referred to as

the Company or UPFE) was in violation of Rule 9, `Filling New Jobs

or Permanent Vacancies', Rule 14 `Seniority', Rule 15 `Exercise of

Seniority', and Appendix 6, Section III, Paragraph 4(b) `Training

Program'

2. The UPFE Company violated the agreement November 17, 1998

when it did not award Carman Welder (CW 83) on Bulletin number

820 dated November 10, 1998 to the oldest employee in the Carmen

group Mr. D. L. Poe the Claimant who bid on the position and.

3. Stop forcing Carmen who CMR qualified to CMR positions, and to

recognize that it is necessary to train a sufficient number of

employees for Mechanical Refrigeration Repairmen work.

4. Allow the Claimant to place himself on Carman welder position

CW83 that he bid.

5. Compensate all employee's losses accrued by these violation's of the

agreement."

The Second 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.

The Claimant is a Carmen Welder who is qualified as Carman Mechanical Refrigeration Repairmen (CMRR). On October 20, 1998, the Carrier put the Claimant's Carmen Welder position up for bid, along with two CMRR positions. The Carrier received no bids on the CMRR positions and forced assigned the Claimant 1:0 one of those positions because the Claimant was one of the two most junior employees who were CMRR qualified. The Carrier accepted the bids of two employees who were junior to the Claimant but who were not CMRR qualified for the Claimant's and another employee's former Carmen Welder positions.

On November 10, 1998, the Carrier bulletined four Carmen Welder position;, including position CW83. The Claimant bid on position CW83, but the Carrier awarded it to a junior employee who was not CMRR qualified. The Organization maintains that the Agreement required the Carrier to award the position to the Claimant.

Our review of the record fails to disclose any evidence that the Claimant suffered any detriment as a result of the Carrier's actions. It is undisputed that the CMRIfI position has a higher rate of pay than the Carmen Welder position. There is no evidence that the Claimant suffered a loss of overtime or other work opportunities or that he suffered any other detriment, such as a forced change in work hours. Accordingly, we are unable to find that this case presents a live controversy. The Board does not render advisory opinions. Therefore, the claims must be dismissed.

AWARD