Joseph A. Sickles, Referee


      (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St, Paul and Pacific Railroad Company


                  STATEMENT OF CLAIM: Claim of the System Conmittee of tl,c Brotherhood (GL-7114) that:


      1) Carrier violated, and continues to violate, the Clerks' Rules Agreement when it arbitrarily transferred work and escahlished a position to absorb a portion thereof across seniority district lines.


      2) Carrier shall now be required to compensatO ~:ach of the following employes for two (2) hours per day at the uvt.rcime rate of 'time pevisor for each regularly assigned work day of their positions from Nnvcmher 1, 197!? until the violation is corrected:


            Bruce A. Hamblin 1!ermund Larsen Denise Gransbery Betty Burch


      OPINION OF BOARD: As in Award No. 19857, the Organization protests the trans

      fer of work from one suniority district to another. Many of

      the same issues are raised, including Carrier's assertion that this is not the

      proper forum to pass upon Carrier's actions.


' In any event, this Board concludes that the claim herein is disposed of
      in the same manner as the claim in Award No. 19857. Simply stated, the employees

      failed, on the property, to cite any, specific rule of the Agreement as having been

      violated. This issue was considered. and decided by this Releree in Award No.

      19835, and the Awards cited therein, and affirmed in Award No. 19857.


      Contrary to the record in Award No. 19857, the ~trhanization, in this case, did assert specific rule violations in its Submis inn Io this Board, bur, as stated in Award No. 19857, 3 specific cirnt.ion at _ h;tt I Ae stage does not cure the earlier procedural defect. See .Awaits 18954 :!'ogan), 13741 (Dorsey) and 15835 (Ives).


      For the reasons stated in Award No. 19857, the claim, heroin, is dismissed.


      As stated in Award No. 19857, inasmuch as this claim is disposed of on procedural grounds, no determination is made concerniog other issues raised by the parties.

                    Award Number 19858 Page Z

                    Docket Numher CL-19842


        PINDIPMS: The Third Diviraon of the Adjustment l:n.;rd, upon the whole record and all the evidcnce, finds and holds:


        That the parties c:aived oral hearing;


That the Carrier and the Employer involved in this dispute are respectively Carrier and 15npioyes within the meaning of the Railway Labor Act, as approved June 21, 1934:

That this Divi;;i~;i of !:lie Adju:ament Board leas jurisdiction over the dispute involved herein; and

        That the claim be dismissed for reasons set forth in the Opinion.


                      A W A R D


        Claim is dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 13th day of July 1973.