PARTIES TO DISPUTE:

    St. Louis Southwestern Railway


                  and


    Brotherhood of Maintenance of Way Employes


STATEMENT OF CLAIM:

    "I. Carrier violated the Maintenance of Way

    Agreement, especially but not limited to

    Rule 2 - Seniority and Rule 5 - Promotions

    and Transfers, when it assigned junior employee

    to position' as track liner operator under

    Advertisement no. 7-5 on Extra Gang No. 22,

    trailer headquarters with disregard to

    seniority.


        "II. Laborer S. J. Marks be allowed the difference between laborer's rate of $4.4267 per hour and machine operator's rate of pay of $887.73 per month. .


        "III. Laborer S. J. Marks be allowed seniority as machine operator beginning on August 26, 1974. This is a continuing violation and we request payment from date of August 26, 1974 until date Mr. Marks is assigned to his rightful position."


FINDINGS:

    The issue to be decided in this dispute is identical


to that in our Award No. 122, and the Board is governed

 accordingly.,

                    AWARD


    Claim sustained. Carrier is required to compensate


Claimant within 30 days of the date of this award.

                    (Cont'd)

Award No. 123 Case No. 202 Page 2

 Carrier ember

    5 ~y\`1~t


      Date


organization Member