(Brotherhood of Maintenance of Nay Employes PARTIES TO DISPUTE: (

.STATEMENT OF CLADtt "Claim of the system Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned an employe with no seniority in the Road Equipment subdepartment (L. J. Arebalo) to the position of Auto Spiker operator 41231) as advertised by Bulletin No. 26 dated June 8, 1978 instead of assigning Machine Operator R. L. Estop thereto (System File P-16-78).

 (2) Because of the aforesaid violation, Machine Operator R. L. Estop be reimbursed for the additional expenses he incurred ($,',21.47) filling a macbins operator's position at Verson,, Texas."

 OPINION Oh' BOARD: The Claimant bad no prior experience as a machine
 operator, however he was placed on the "liner operator" position effective June 12, 1978.

 Prior to serving four a 30 day period, he bid on another position. Rule 7 specifies that employes who are promoted and who fail to qualify within a 30 day period will not acquire seniority as a result of filling the position.

 The position which the Claimant sou&t was filled by another individual who was senior to the Claimant as a laborer.

 Inasmuch as the second individual was senior to the Claimant as a track laborer, it would seem that the only way the Claimant could prevail in this dispute would operator. Yet, it appears clear from the referred to language above, that during the initial 30 day period the Claimant did not obtain and possess mchim operator seniority. The Claimant did not show that he was qualified and thus, we have no alternative but to deny the claim.
                    Docket Iwmber MW-23174


        FI1mIla8: The Third Division of the Adjustment Board, upon the whole record and all the evidences finds and holds:


        That the parties waived oral hearings


That the Carrier and the Rmployes involved in this dispute are respectively Carrier and fployes within the meaning of the Psilmay 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 not violated.


                      A W A R D


        Cls1.N denied.


                          NATIONAL RAILROAD ADJWSM BOARD

                          By Order of Third Division


AT9WT: "I
        Encative Secretary


Dated at Chioagoj, Illinois, this 16th day of March 1981.