PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad



                Eastern Region Case ENA-SI-11182


Claim of T. R. Zaro "for position of Inspector at NK Tower Newark, N. J." and "for the difference in pay between Foreman and Inspector until Mr. Zaro is awarded the position of Inspector at NK Tower" account not awarded such Inspector position.
OPINION OF BOARD: The record is clear that Rule 2-A-1(a) was violated when
 Carrier failed to post the advertisement for the position of Inspector, as required, on a Wednesday at the Bethlehem, Pennsylvania, location where Claimant was employed as a Foreman.
As a result, Claimant was unable to submit a timely bid for that position and an employe junior to Claimant was selected for it. The junior employe was in turn displaced on November 23, 1982, by a senior employe, who was also senior to Claimant.
Accordingly, the damages resulting, for which Claimant should be compensated, amount to $48.00, being thirty eight-hour work days at the .20 hourly difference between the rate for Foreman and the rate for Inspector.
A violation of Rule 3-B-1, asserted by the Organization in its letter of December 27, 1983, was not raised on the property and, accordingly, the Board makes no finding on the merits of that issue.
        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.

                    Award Number 25453 Page 2

                    Docket Number SG-25683

                    A W A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: tee
        Nancy J: D ;er - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of May 1985.