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

1) Carrier violated, and continues to violate, the Clerks' Rules Agreement when it arbitrarily and without conference, negotiation or agreement between the parties, transferred work from the Regional Data Office in Aberdeen, S. Dakota, Seniorit Minneapolis, Minnesota, Seniority District No. 150.

 2) Carrier shall now be required to compensate each of the following employes for eight (8) hour the time the work was arbitrarily transferred for each regularly assigned work day of their positions from May 3, 1971 until the violation is corrected:
                    Anton J. Sanders

                    Anton M. Waldt

                    Kenneth R. Casteel

                    Donald D. DeWalt


OPINION OF BOARD: There is no dispute in this case as to the Carrier action
 that is the subject of the claim. On April 30, 1971 certain
 positions were abolished in the Aberdeen, South Dakota Regional Data Office.
 The work of the abolished positions was then transferred to and absorbed by
 clerical positions in the Minneapolis Regional Data Office. Each of these
 offices are in different Clerical Seniority Districts. Petitioner is alleged
 ing that Carrier violated the Agreement by so transferring the work without
 conference, negotiation or agreement.

 The Carrier, in defense of its position, asserts that this dispute is not properly before us in view of the fact the February 7, 1965 National Agreement covers the matter and contains provision for resolving disputes thereunder by Article VII of such Agreement. Notwithstanding this assertion, Carrier further avers that, during the handling of this matter on the property, Petitioner did not cite a schedule rule and/or agreement "that either individually or collectively, in whole or in part, " was violated. It was not until the matter came before this Board that Petitioner made reference to specific Rules in the Agreement that allegedly were violated.
                            Award Number 19970 Page 2

                            Docket Number CL-19767


        Petitioner, on the other hand, argues that Carrier cannot rely on the provisions of the February 7, 1965 Agreement since it did not adhere to certain preliminary requirements of such Agreement prior to transferring the work in question. Additionally, Petitioner in not prosecuting this matter on an alleged violation of the National Agreement but on the basis of alleged violations of the Clerks' Rules Agreement.


        We will dispose of this matter on procedural grounds without reaching a determination concerning the jurisdictional issue.


        A thorough review of the record before us shows that, during the handling of this dispute on the property, the Organization did not identify which Rules in the P.,reement had allegedly been violated but merely asserted " ....a violation of the provisions of the seniority and other related rules." It is a long established principle of this Board that failure to assert thespecific Rule, or Rules, on the property is fatal to the claim when presented to this Board. See Awards 14754, 13282, 13741, 14118, 14772 and many others. We will aocordingly dismiss the claim on the basis of the procedural defect.


        In view of the fact that the claim is disposed of on procedural grounds, no determination is made regarding the other issues raised by the parties.


                FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


                That the parties waived oral hearing;


        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;


        That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and


                The claim be dismissed for reasons stated in the Opinion.


                            A W A R D


                Claim dismissed.


                                    NATIONAL RAILROAD ADJUSTMENT BOARD

                                    By Order of Third Division


        ATTEST:

              ~~jj,,xecutive Secretary


        Dated at Chicago, Illinois, this 28th day of September 1973.


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