(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Denver and Rio Grande Western Railroad Company

1. Carrier violated and continues to violate the terms and provisions of Rule 9(c), Rule 23, Rule 25, and Rule 26 of the Clerical Agreement and other related rules when on July 11, 1983, it refused to grant the timely request for an unjust trea
2. Carrier shall now be required to compensate Mr. Morris Pulley the difference between the rate of pay of the Chief Clerk in the Salt Lake Traffic Department and his earnings beginning sixty (60) days prior to the date of this claim and continuing until corrected, and;

 3. Carrier shall be required to compensate the claimant at the punitive rate of pay for any work sixty (60) days prior to the date of this claim and continuing until corrected, and;

 4. Carrier shall be required to compensate the claimant at the punitive rate of pay for any and p.m. beginning sixty (60) days prior to the date of this claim and continuing until corrected."

 OPINION OF BOARD: On June 16, 1983, the Carrier advertised for bids on a
 Chief Clerk position located at the Salt Lake City Traffic Department Office. Bids were received until June 20, 1983. The Claimant was one of several individuals who bid on the job. On June 22, 1983, the Carrier issued Bulletin No. 112 awarding the position to Mr. W. A. Cooley, a Telegrapher, effective July 1, 1983.

 On July 7, 1983, the Carrier received a letter from the Claimant requesting an unjust treatment hearing as a result of the position being awarded to Mr. Cooley. The request was denied as untimely.

 It is the opinion of the Board that the merits of this dispute cannot be addressed since the request for the unjust treatment hearing was procedurally defective. Rule 23 must be received within ten days of the cause of the complaint:
                      Docket Number CL-26078


          "Rule 23. For grievances other than discipline an employe who considers himself unjustly treated shall have the same right of hearing and appeal as provided above in Rule 21, if written request is made to his immediate supervisor within ten calendar days of cause _of complaint. (Emphasis Added)


It has been held before by this Board in similar cases that the cause of the complaint is the date the position is awarded. See for instance Third Division Awards 21773 and 22669. The date that the other employee physically assumed the position is essentially irrelevant. The Carrier had clearly exercised and communicated i
        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 Claim is barred.


                        A W A R D


        Claim dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest: -
        Nancy J.- Executive Secretary


Dated at Chicago, Illinois this 24th day of April 1987.