Reference to my bulletin No. 1517, dated September 16, 1963, this bulletin is canceled in its entirety.

C. E. Wallace was assigned on October 7, 1963, to the position. Bulletin No. 1520 of October 29, 1963, advertised a Section Foreman's job with headquarters Augusta, Georgia, and Mr. C. E. Wallace was the successful bidder. He was assigned to the position effective November 15, 1963. The net effect of the facts of record is that your claim is for period October 7, to November 15, 1963.

Mr. Ferrell also pointed out to you the fact that the Traveling Section Foreman with headquarters at Millen, Georgia, to whom Mr. Wallace reported while occupying the Junior Apprentice Foreman position, spent his entire time during period October 7 to November 15, 1963, working in Augusta Yard and supervising Junior Apprentice Foreman Wallace. That being a fact of record, it does not appear that Mr. Wallace performed any duties of `First Class Yard Foreman,' in fact the Carrier flatly denies that he performed any such duties during the period involved. You certainly here have failed to produce even one shred of evidence to support your claim.

This will reaffirm declination of the claim for the reasons stated in conference and as set forth in my letter to you of July 2, 1964."

The Brotherhood has failed in all handlings on the property to cite a rule, interpretation or practice which gives them what they are here demanding. Not knowing of any rule, interpretation or practice that has been violated in any manner whatsoever, the Carrier has denied this baseless claim at each and every stage of handling on the property as the record shows. The claim has no semblance of merit.

The rules and working conditions agreement between the parties is effective September 1, 1949, as amended. Copies are on file with the Board, and the agreement, as amended, is hereby made a part of this dispute as though reproduced herein word for word.

(Exhibits not reproduced.)

OPINION OF BOARD: Claimant held seniority in the Junior Apprentice Foreman class from March 28, 1952, and in the Foreman class from August 14, 1961. He was assigned, on October 7, 1963, to a position of Junior Apprentice Foreman with headquarters at Augusta, Georgia. Petitioner filed claim that the headquartering of Claimant at Augusta, away from gang headquarters at Millen, Georgia, violated the agreements; and, further, Claimant was performing the duties of a Foreman and the position should have been so classified.

This case involves the same parties, agreements, similar facts and presents the same issues as in denial Award No. 13798. We, therefore, will deny the instant Claim.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That the Carrier did not violate the agreement.

AWARD