Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26763
 THIRD DIVISION Docket No. MW-26366
 88-3-85-3-75
 The Third Division consisted of the regular members and in
 addition Referee Peter R. Meyers when award was rendered.

PARTIES TO DISPUTE:

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

 The claim* as presented by Claimant P. A. Rocchio on November 24, 1981 to Division Engineer Siravo shall be allowed as presented because Division Engineer Siravo failed to disallow said claim as contractually stipulated in Rule 64(b) (System File NEC-BMWE-SD-738).

 *The letter of claim will be reproduced within our initial submission."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant established seniority with the Carrier as a Trackman in August, 1976; he subsequently was promoted to a Foreman and established seniority as an Assistant Foreman and Foreman in November, 1977. On September 23, 1980, Claimant filed the first of several protests of Carrier's annual seniority rosters, charging Carrier with failing to properly rank Claimant's name in the various classes in which he held seniority. In February, 1983, Carrier agreed to revise Claimant's Foreman and Assistant Foreman seniority dates on the 1983 roster. In October, 1981, before Claimant's seniority dates were revised, Claimant applied for and was denied a Maintenance Foreman's position; this position was assigned to a junior employee. A Claim was thereafter filed on Claimant' Form 1 Award No. 26763
 Page 2 Docket No. MW-26366
 88-3-85-3-75

 This Board has reviewed the evidence in the record, and we find that the February 18, 1983, letter from the Assistant Chief Engineer to the General Chairman fully resolves the issue of the Claimant's seniority dates. The Organization concurred with the facts stated in that letter showing the Claimant's seniority dates,
This Board has reviewed all of the procedural objections and questions raised by the parties, an





                            By Order of Third Division


Attest:
        Nancy J "er - Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1988..