(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it failed to post Advertisement No. DE 81-153 dated December 3, 1981 at the headquarters (Holtwood, Pennsylvania) of Mr. A. L. Jefferson and as a consequence thereof, awarded the position advertised thereby to an employe junior to Mr. A. L. Jefferson (System Docket CR-152).

(2) Because of the aforesaid violation, Mr. A. L. Jefferson shall be awarded the position of machine operator-welder helper advertised by Advertisement No. DE 81-153 beginning on the date the junior employe was assigned and continuing until the position is awarded to the claimant."

OPINION OF BOARD: The instant Claim arises out of a contention by Claimant
that Carrier failed to properly post a job advertisement at
the Claimant's Headquarters (Holtwood, Pennsylvania) and that, as a result,
he failed to see the advertisement and was denied a chance to bid. A junior
employe was awarded the job. The job in question was a Machine Operator
Welder Helper.

Carrier contends that it did properly post the job. Claimant contends otherwise. A review of the record and the correspondence exchanged on the issue does not contain sufficient probative evidence to support either Carrier's or Organization's position. When such irreconcilable differences occur, such claims have traditionally been dismissed by this Board. We see no basis to do otherwise in this instance.





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


Award Number 26428
Docket Number MW-25994

Claim dismissed.

Executive Secretary

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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

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