PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
 and
 GREAT NORTHERN RAILWAY COMPANY
 AWARD IN DOCKET No. 1

 STATEMENT
 OF CLAIM: The claim in dispute has been identified by the Organization
 as follows:
 "Claim of the System Committee of the Brotherhood that:
 (1) The Carrier violated the effective Agreement when it awarded
 and assigned the position of Shop Foreman at Lines East Maintenance of Way Work
 Equipment Shop to an applicant who is ,junior to G. F. Lundberg.

 (2) The assignment of the Junior employe to the Shop Foreman's position be cancelled.

 (3) M'. G. F. Lundberg be assigned to the aforesaid Shop Foreman's position and be given seniority as such from June 1, 1960 (date of bulletin within which he should have been awarded this position.)

 (4) Mr. G. F. Lundberg be reimbursed for the exact amount of monetary loss suffered because of the violations giving rise to this claim, with such reimbursement to be retroactively applicable to sixty (60) days from date of claim presentation of October 20, 1960 and to continue until the violations are corrected and discountinued."

 FINDINGS: This claim involves the Carrier's exercise of judgment regarding
 the qualifications of claimant. This is a management function
 and can be challenged only if exercised arbitrarily or discriminatorily. The
 evidence does not permit such a finding but, in any event, the claim must be
 disposed of on the following basis:

 The Carrier contends that the claim was not filed within the time limited therefor by Article V of the August 21, 1954 National Agreement, which requires that a claim be filed within 60 days from the date of the occurrence upon which it is based. The organization contends that it was properly filed under the provisions of Section 3 of Article V, which refers to claims for alleged continuing violations of agreements.

 This claim alleges a violation of the agreement by the Carrier when it awarded a Shop Foreman position to an applicant who was junior to the claimant on June 1, 1960. The claim was filed on October 20, 1960. The fact that there might be continuing monetary liability if such a violation were established, does not make this a claim for alleged continuing violation of the agreement comprehended by Section 3 of Article V. If any violation occurred, it was at the time the assignment was made and not at any other time.
 DOCKET No. 1 - 2 - S.B.of A. No. 498

 Only claims of continuing violation, not claims of continuing liability after a specific occurrence, are subject to such Section 3. Thus it is apparent that this claim was not filed within the time limited by Section 1 (a) of Article V of the August 21, 1954 National Agreement, so it cannot be sustained.

 AWARD: Claim denied.


    (s) A. J. Cunningham (s) Thomas C. DeButts

A. J. Cunningham, Organization Member Thomas C. DeButts, Carrier Member

 Dated at St. Paul, Minnesota, this 27th day of June, 1963.