r . PUBLIC LAW BOARD N0. 2142
 Award No. 1T.
 Docket MW-1091
 Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Illinois Central Gulf Railroad

 Statement 1. The Carrier violated the Agreement when it failed to properly bulletin
 of the position of Foreman-on Gang No. 8 and therefore.
 Claim 2. Senior Trackman Willie Gordon be allowed the difference between what
 he was paid at the Trackman's rate and what he would have been pai'd at
 the Trackman's rate and what he would have been paid at the Foreman's rate
 absent the violation referred to within Part (1) of this claim.
 Findings The Board, after hearing upon the whole record and all evidence, finds that
 the parties herein are Carrier and Employee within the meaning of the
 Railway Labor Act, as amended, that this Board is duly constituted by Agreement
 dated August 10, 1977, that it has jurisdiction of the parties and the subject
 matter, and that the parties were given due notice of the hearing held.
 The Division Engineer, on November 23, 1976, posted a buTTetin advertising
 the position of a Section. Foreman headquartered at Monroe, Louisiana.
 Said bid was closed ten days thereafter. A bulletin was posted December 8,
 7976, awarding the Section Foreman position to T. L. Barker. Immediately
 thereafter Claimant protested the assignment of a junior employee. The
 Employee Representative advised the Division Engineer that the bulletin had
 been improperly posted and requested.that the position be rebulletined to
 permit all interested employees an opportunity to make application therefor.
 He failed to recognize and to carry out such request.
 The thrust of the Division Engineer's reluctance to re-advertise the
 Section Foreman's position was predicated on the basis of the complaint registere"
 to wit - that he,personally, had received no complaint of protest thereon.
 He replied to the General Chaimaan in part as follows:



Rule 14 (a) reads:






The record reflects that the Division Engineer was advised, both in writing and orally, by the Local' Chairman, that three different trackmen, at three different times, had claimed that they had seen no bulletin. They further alleged that they were not aware of who the Section Foreman was after P. Jackson resigned from the foreman position he had bid in,on September 22, 1976. In that connection it was also charged that the bulletin rule was further not being complied with because of the alleged fact that Division representatives were keeping that particular Foreman position open awaiting the return of Mr. T. L. Barker who was away at training school .far foremen.

 The Board finds that it is neither lawfully proper, nor contractually correct or for that matter, was it conducive to sound labor relations, for the Division Engineer to attempt to have Protestant employees handle their grievance personally with the Division Engineer after such matter had been placed in the hands of- their Employee Representative to handle. While it may have not been so intended, the Division Engineer gave ' the appearance as if he were refusing to meet and decide the grievance in question. In any event he did nothing about it. Despite the Division Engineers failure to re-advertise the Foreman's position in question, such position was re-advertised when the request was appealed to a higher level.

 While the Board passes no judgment on the allegation of nepotism because of the lack of proof, the instant claim is directed solely!tdwards a monetary,

          and not a seniority resolution.


          The Board in the circumstances will sustain the claim.


Award Claim sustained.
          Order Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


    Jo Palloni, Employee Member . (:!~10 , Carrier Member


                        Arthur T. Van Wart, Chairman and Neutral Member


                        Issued at Wilmington, Delaware, April 21, 1979.