Herbert L. `larx, Jr., Referee


              (Emmet J. Miller


PARTIES TO DISPUTE:
              (Illinois Central Gulf Railroad


STATEMENT OF CLAIM:
"1. Whether petitioner denied right under Rule 15 was unjustly treated as not allowed P claim to a position.

 2. If Section 9 of merger agreement violated whether petitioner entitled for employment and/or transfer to Memphis, TN.

        3. Whether petitioner was improperly denied a Rule 24 hearing."


OPINION OF BOARD: Claimant Was a Customer Service Representative at the Car
 rier's Marketing Department Sales office at Portland, Ore
 gon. He was advised, along with other employees, that the Portland office
 would be closed in May, 1982. No new positions were established as a result
 of the closing.

 Claimant was advised by letter of May _L, 1982, that he had displacement rights under the applic 17, 1982, the Claimant advised the Carrier that he wished to exercise displacement rights to Positio 1982, the Carrier advised the Claimant as follows:

          "Position 525-C at Minneapolis is a C covered position under the schedule agreement and management has the right of selection. Therefore, your displacement on position 525-C is not accepted."


There is no record that the Claimant sought to obtain any other position, either before or after his August 17 request. The record further shows that Position 525-C is one in which the Carrier has the "right of selection." There was to exercise such displacement.

 While the Claim includes reference to many other matters, these do not require examination by the Board in view of the Claimant's lack of right to the claimed position.
                        ward Number 26498 Pa, _

                      Docket Number MS-25474


        FINDINGS: The Third f)ivision of t`e Adjustment Board, upon tF,e whole record and all the evidence, finds and holds:


        P,at 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 Ac as approved June 21, 1934;

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

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

        Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.