(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Pacific Fruit Express Company



(a) The Pacific Fruit Express Company violated Rule 38 (f) of the Clerks' Agreement extant when it failed and refused to grant employe Stanley Schmidt an investigation duly requested thereunder; and,

 (b) The Pacific Fruit Express Company shall now be required to allow Stanley Schmidt the investigation he requested.

        (a) The Pacific Fruit Express Company violated Rules 7, 9,

15, 18, 19 and 20 of the Clerks' Agreement extant when it failed to
 assign Stanley Schmidt to Position J-32 and, instead, assigned junior
 employe L. San Miguel thereto.

 (b) The Pacific Fruit Express Company shall now be required to assign Stanley Schmidt to Position J-32 and allow him eight (8) hours' additional compensation at $41.57 per day, plus $7.50 per day mileage allowance, beginning June 4, 1975 and continuing each day thereafter until assigned thereto.

 OPINION OF BOARD: The Claimant made application for a position that
 was subsequently awarded to an applicant with less
 seniority.

 A request for an investigation based on unjust treatment was made to the Carrier. The same was denied.
                    Award Number 21943 Page 2

                    Docket Number CL-21818


Clam No. 1 requests that the Carrier be required to conduct the investigation as requested. The rules provide for such an investigation and the Carrier has failed to advance any legal reason why the investigation should not be conducted. Therefore, the Carrier is directed to conduct said investigation at the earliest possible time.

 Claim No. 2 requests that the Carrier be required to assign the Claimant to the position he has been denied and award him the compensation of said position from June 4, 1975, until said assignment.

 There is no evidence of record or theory of law advanced which would permit this Board to grant such relief. Claim No. 2 is denied.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        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

        That the Agreement was violated.


                                ~~i_v


                    A W A R /D


                                  MAR 2 719 1Cla.i_m No. 1 sustained.


        Claim No. 2 denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST.

 Dated at Chicago, Illinois, this 15th day of March 1978.