PARTIES TO DISPUTE:



          CSX Transportation, Inc.


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Carrier violated the Agreement when

          it removed employe E.P. Horton from the

          position of assistant foreman timekeeper on

          SPG Gang 6XT5 in early January, 1997 [System

          File 21(58)(97)/12(97-1499) CSX].


          2. As a consequence of the above-stated

          violation, Claimant E.P. Horton "...shall now

          be placed on the Assistant Foreman Time

          Keeper position Gang 6XT% and paid for any

          loss of wages beginning February 14, 1997 and

          continuous until he is permitted to fill the

          position."


FINDINGS:

 This Board, upon the whole record and all of the evidence, finds and holds as follows:

 1. That the Carrier and the Employees involved in this dispute are, respectively, Carrier and Employees within the meaning of the Railway Labor Act, as amended,; and

      2. That the Board has jurisdiction over this dispute.


OPINION OF THE BOARD:

 The record indicates that the Claimant sought to remain in the disputed position. The record omits any evidence that the Claimant tendered the required bid for the disputed position to the Carrier. The Claimant failed to provide a copy of the document. The record omits any persuasive evidence that the Claimant had sent the document through the United State Mail. In

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the absence of such key evidence, the record omits the necessary proof to provide a basis to support the claim.

 AWARD:
The Claim is denied in accordance with the Opinion of the Board.

                1 o~rt L. Dou as

                Chairman and Neutral Member


D nald . Bartholom Mark D. Selbert
 Employee mber Carrier Member

 Dated: Ay' bV -0
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