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SYSTEM BOARD OF ADJUSTMENT)
Michael A. Gitt           ) ALPA Case No. 372
v.                        ) OPINION AND AWARD OF REFEREE
Colonial Airlines, Inc.   )

The factual situation giving rise to this dispute is as follows.

Claimant is a pilot in the employ of the Colonial Airlines with seniority number 11 on May 19, 1949. On that date the carrier bulletined a temporary captain vacancy on the Bermuda operation effectively July 1, 1949, to cover vacations through October unless changes were made prior to that time. The bulletin provided: "At the completion of the vacations on the Bermuda Operation, the successful bidder from this vacancy will be returned to the base station and the operation which he was originally assigned, but not to his original status unless hiss bidding rights would permit." The bulletin provided that all bids were to be submitted in writing to the Chief Pilot's office by not later than 9 a.m., Monday, May 30.

On May 27, 1949, a bulletin was posted extending the closing date to 10 a.m., Monday, June 6, 1949. On May 29, 1949, Captain Gitt filed a bid for the vacancy. Thereafter on June 4, 1949, Captain Murray filed a bid for the vacancy and he was bulletined as the successful bidder on June 6, 1949. Captain Murray was senior to Captain Gitt.

Thereafter Captain Gitt filed a grievance contending that he was the senior bidder on the original closing date of May 30; that the carrier violated section 17(c) and section 27(a) of the contract effective August 10, 1940, between the carrier and the Air Line Pilots Association. Captain  Gitt contended that he should have been assigned to the route, and compensated for the monetary losses sustained.

Section 17(c) is the seniority provision.

Section 27(a) is as follows: "All pilot vacancies shall