Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28385
THIRD DIVISION Docket No. MW-274
90-3-86-3-692
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.

(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 assign the EWE 'B' (Tamper) position advertised by Advertisement 13-PRS-0585 to Mr. A. Plant (System File NEC-BMWE-SD-1339).

(2) As a consequence of the aforesaid violation, the notice of award to Advertisement 13-PRS-0585 shall be corrected to show A. Plant as the successful applicant for the
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.



On July 5, 1985, Mr. Leonetti was awarded a position as an EWE "B" Tamper. Claimant protested this award, contending he was more senior than Leonetti and qualified to perform the work.

Carrier denied this Claim, contending that in the seniority district on which seniority for this job is based, Leonetti is more senior than Claimant.

This Board has reviewed the total record and concludes that Carrier has properly assigned the job and no Claim is appropriate.
Form 1 Award No. 28385
Page 2 Docket No. MW-27445
90-3-86-3-692






                          By Order of Third Division


Attest: ~!
      Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1990.