STATEMENT OF CLAIM: The dispute concerns the right of the petitioners to exercise their system seniority rights as provided in Rule 24 of the Union Pacific Railroad Company Schedule of Rules, which rights were refused by the Union Pacific Railroad.
OPINION OF BOARD: Claimants maintained that they were entitled to exercise system seniority where Carrier consolidated certain trains. A review of the entire record reveals that the claim was not appealed to the highest designated officer. Award 13561 holds:
It is also clear that the claim presented to the Board is not the same claim that was handled on the property. In fact, the claim was amended after its submission to the Board. We have consistently held that where there is a substantial variance between the claim handled on the property, and that presented to the Board, we cannot resolve the dispute. Awards 14258, 13235 and 12354.
Since this claim was not handled in the usual manner as required by Section 3, First (i) of the Railway Labor Act, the claim must be dismissed. Awards 11212, 11346, 11910, 12352, and 13659 and others.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934; and That the claim has not been presented in accordance with the procedures established by the Railway Labor Act or by the Agreement.