Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28279
 THIRD DIVISION Docket No. MS-28447
 90-3-88-3-243
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (Tim Langham PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "Why did the CSX Railroad former (Seaboard Coastline Railroad) violate Article 5 Section (1) of by not offering position in Chicago, 111. to employees in that Seniority District before offering jo with new hire making it a ploy to eliminate the 500 royster employees.

 Restitution should be in order for above violations and also for the changeing of my Headquarters point over the 30 mile radius. (Article 2)" (sic)

 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.

The Claimant contends that he was improperly denied protection and benefits contained in the Job Stabilization Agreement of May 7, 1981, as amended.

 The Board has carefully reviewed and analyzed the lengthy file developed as a result of this Cla factual elements surrounding this dispute and although certain matters are not admissible because they were not raised on the property, we find the key evidence needed to resolve Form 1 Award No. 28279
 Page 2 Docket No. MS-28447
 90-3-88-3-243

 The relevant facts show that the Claimant's position had been abolished. He chose to remain at h within a thirty mile radius. Subsequently, after the Claimant declined a position in the Carrier's Chicago Sales and Marketing Office, his protection was suspended. We find that the Carrier's decision with respect to the Claimant was in accordance wi Memorandum of Agreement, dated May 8, 1985.






                          By Order of Third Division


Attest:
        dadcy 71! Rver - Executive Secretary


Dated at Chicago, 'Illinois, this 28th day of February 1990.