Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27092
 TTPIRD DIVISION Docket No. MW-266Z5
 88-3-85-3-433
 The Third Division consisted of the regular members and in
 addition Referee iPQter R. M,vers when award was rendered.

 (Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

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

 (1) The Agreement was violated when the position of welder helper on WG #4014 as advertised by Bulletin No. W-10-N dated June 22, 1984 was awarded to Mr. J. E. Pree instead of Mr. F. Hawkins on July 5, 1984 (System File MW-84-30-CB/53-744).









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 employes 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 is employed as a Track Laborer by Carrier on Seniority District 1; his seniority date is May 22, 1978. Track Laborer J. E. Pree established seniority on Seniority District 2 on May 23, 1975. In June 1984, Carrier advertised a Welder Helper vacancy in Seniority District 1, and Pree was assigned to the position effective July 9, 1984, since he was an active employee and Claimant was in a furloughed status. The Organization thereafter filed a claim on Claimant's behalf, challenging Carrier's assignment of Pree to the Welder Helper vacancy.
 Form 1 Award No. 27092
 Page 2 Docket No. MW-26625
 88-3-85-3-433

 This Bard has re.,iewed the -vidence ill this case, and we find that the Organization has presented sufficient evidence to demonstrate that the Rule requires that LC t'len, is a qualified jr poteiltially qualified bidder within the seniority district, the -arrier is required to award the p.lsitioo to that employee. (See ,Award 729, Special Bard of Adjustment 28) ill the property.) That has heea rho ~i,irefuted practica between the parties and, therefore, this claim Must he sust,lined. The Claimant shall be awarded the position ill ]nestijn.

 With respect tl the hackpay due the Claimant, this Bard finds that the Claimant shall be a1l,lwed the difference ill pay between what he would have received had his rights .ljt been violated and what he actually received. If Claimant was furloughed, he sh,)uld receive eight hours pro rata until he was returned to service; and then once he was returned, he shall receive the difference in pay between the Welder Helper rate and the one he received. He shall not be allowed to collect any additional damages. (See Interpretation 1 to Third Division Award 23541, and Interpretation 1 to Second Division Award 9264.)

 Finally, Claimant shall be awarded the seniority date of Welder Helper as of the date he should have received the position had the Agreement not been violated, i.e., July 9, 1984.






Attest: ~~ ~/
        Nancy J. e - Executive Secretary


Dated at Chicago, Illinois, this 17th day of May 1988.