(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Illinois Central Gulf Railroad Company

1. Company violated the agreement between the parties on January 28, 1978, when company refused and failed to properly award Relief Position 49, a bulletin position, to the senior successful applicant, Clerk J. M. Bell at Memphis, Tennessee.

 2. Company shall now compensate Clerk J. M. Bell at the rate of Position 202, $58,81, for each Friday and Saturday; for Position 157, $60.94, for each Sunday; and for Position 159 for each Monday and Tuesday of the workweek, plus all subsequent rate increases, in addition to any other compensation she has received, beginning January 28, 1978, and continuing thru March 2, 1978.

 3. Company shall also compensate Clerk J. M. Bell an additional $3.00 per day, as provided by Rule 8(b) of the agreement, due to her being withheld from the position.

 OPINION OF BOARD: Claimant, J. M. Bell, applied for Relief Position 49 which
 was bulletined on January 26, 1978. Relief Position 49 has
 the following assignment:







Claimant was the senior bidder for the position. However, Carrier awarded the position to D. R. Stokes, a junior employee. Carrier took the position that Claimant was not "immediately qualified" to fill Position 157, Carrier did acknowledge that Claimant did have the fitness and ability to learn the position if given the time to do so.

 The facts in this case are quite unusual. First, Claimant was clearly qualified to perform the work on Relief Position 49 on four of five days. This much is undisputed. Second, Carrier agrees that Claimant could perform the job after a short amount of training. Third, Claimant has learned many other positions for Carrier.
                      Docket Number CL-23105


Ea all, we are persuaded that Carrier should have given Claimant the vacancy. When it failed to do so it violated the Agreement. Claimant shall be paid the difference between what she earned and what she would have earned.

 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 Lsbor Act, as approved June 21, 193.;

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

        That the Agreement was violated.


                        A W A R D


        Claim sustaiaed.-.in ssecordance with the opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


By
        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 13th day of May, 1982.

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