Parties to Dispute: ( (Carmen)


                        Chicago and Northwestern Railway Company


        Dispute: Claim of Employes:


                  1. That Carrier unjustly assigned section men to perform Carmen's work at the wreck at Dunkerton, Ia.


                  2. That the Carrier be ordered to pay three claimants. Carman 0. F. Resor 8 1/2 and 9 1/2 hours at overtime rate for June 20th, and 8 1/2 and 9 1/2 hours for June 21, 1971; Mr. C. D. Hillman, Carman 8 1/2 and 16 hours overtime rate for June 20th and the same amount for June 21,

        ' 1971; Mr. D. C: Stawn, Carman$ 15 hours and 9 1/2 hours at overtime

                  rate for June 20th and the same amounts for June 21, 1971.


        Findings:


. . The Second DZvi-ion of the Adjustment Board, upon t::2 whole record aanu ail
      uhe evidence, finds that:


        ' The carrier or carriers and the employe or employes involved in this dispute

        are respectively carrier and employe within the meaning of the Railway Labor Act as

        approved June 21, 1934.


        This Division of the Adjustment Board has jurisdiction over the dispute involved herein. '


              Parties to said dispute waived right of appearance at hearing thereon.


        In this dispute involving a wrecking crew, the claim presented to the Board for compensation at the overtime rate was as follows:


                  June 20th June 21st

                  Resor 18 hours 18 hours

                  Hillman 24 1/2 hours 24 1/2 hours

                  Stawn 24 1/2 hours 24 1/2 hours


        The claim submitted on the property, and appealed to the highest officer of Carrier was as follows:


                  June 20th June 21st

                  Resor 8 1/2-hours 9 1/2 hours

                  Hillman 8 1/2 hours 16 hours


        r

                  Stawn 15 hours 9 1/2 hours

Form 1
Pa ge 2

Award No. 6610
Docket No. 6462
2-C&NW-CM-'74

The record indicates that the claim as outlined first above was repeated twice in the notice letter to the Board, dated September 25, 1972, indicating the intent to file an ex parte submission, as well as in the submission itself. Obviously the claim has been doubled, Petitioner claims due to "typographical error". If in error, it has been compounded by being repeated several times and resulted in the claim being expanded in its presentation to this Board.

We find that the claim presented to this Board is not the same claim progressed on the property and we are foreclosed from considering it on its merits. Because of its fatal expantion, the claim before us has not been handled on the propert: as required by Section 3, First (i) of the Railway Labor Act and must be dismissed (See Awards 5396, 5783, 4659 and others).

A W A R D

Claim dismissed.

Attest: Executive Secretary
National Railroad Adjustment Board

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


By /. ~~_..l~
Rosemarie Brasch - Administrative Assistant

Dated a t Chicago, Illinois, this 8th day of January, 1974.