(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Robert W. Blanchette, Richard C. Bond
 ( and John H. McArthur, Trustees of the
 ( Property of Penn Central Transportation
 ( Company, Debtor

(a) Carrier violated the Clerks Agreement at Hunt's Point Market, New York, when on February 19, 1974, and continuing through October 3, 1974, it failed to fill, bulletin and/or abolish the Foreman position FF-41.

 (b) Clerk John C. Kelly, seniority date November 9, 1939, be compensated $5.688 per day commencing February 19, 1974 through October 3, 1974. NOTE: Reparation to be determined by joint check of Carrier's payroll and other records.

 OPINION OF BOARD: On April 15, 1974 the Organization filed the instant
 claim alleging that the Carrier violated the applicable
 Agreement between the parties when they failed to abolish and rebulletin a
 clerical position assigned to one N. T. Baffa on October 22, 1973. The
 Organization argues that certain transactions described in the record
 violated Rules 3, 37, 39, and 45 of the agreement. We have carefully
 examined the entire record and do not find a violation under the particular
 facts before us. The claim will be denied.

_ _. That the parties waived oral hearing;

 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 this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        The Agreement was not violated.


                      A W A R D


        Claim denied.


                          NATIONAL. RAILROAD ADJUSTMENT BOARD

                  ,~-~G z2 -.4y By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1977.

 J