PARTIES St. Louis Southwestern Railway Company
 TO and
 DISPUTE Brotherhood of Maintenance of Way Employees

 STATEMENT "Claim of the System Committee that:
 0 CLAIM
            1. Carrier violated the effective Agreement on January 25, 1977 when they assigned a junior employee to vacancy bulletin No. 2-N with disregard to Mr. G.F. Kelly's seniority or ability.

          2. Claimant G.F. Kelly be now paid a difference between the rate he is

          presently being compensated as a B & B Carpenter No. 2 and the rate

          of a B & B Carpenter No. I beginning January 25, 1977 and continuing

          until such time he is assigned as a B & B Carpenter No. 1; also, that

          he be given a B & B Carpenter No. I seniority date of January 25, 1977."


                                            r

FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted. under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

 Claimant, a B & B Carpenter No. 2, bid for the position of B & B Carpenter No. 1 in January of 1977. By bulletin dated January 25, 1977 a junior employee was assigned to
 the vacancy. ..

 This dispute is identical in all material respects to the situation described in Award No. 142 of this Board. As in the earlier dispute, Carrier simply did not show,at any time during the handling of this dispute that ~laimant was not qualified for the position in question. On the face of it, as in the earlier dispute, Carrier simply chose to take a more qualified employee. As indicated earlier this is not acceptable.

 With respect to the remedy, this dispute differs to some extent with the earlier matter. Claimant had the opportunity to bid on the position of B & B Carpenter No. 1 in November of 1978 but did not avail himself of that opportunity. Carrier indicates that at
 .,Award No. 145 $gR 2$O -2-

 the time of this last bulletin Claimant could have been assigned to the position. In view of Claimant's failure to bid on the later position, Carrier's liability to Claimant as a result of this Award will be limited to the period ending November b, 1978. In all other respects the Award must sustain-the claim. AWARD Claim sustained in accordance with the findings above. ORDER
          Carrier will comply with the Award herein within thirty (30) days from :the date thereof.


                    I.M. Lie erman, Neutra -Chairman


Carrier Member E oyee Member

 October , 1979 Houston, Texas