PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when Truck Driver John W. Payne was not called and used to drive the truck used by Assistant Roadmaster M.B. Rossell to patrol track on Saturday, March 9, 1974, Sunday, March 24, 1974 and Saturday, April 20, 1974 /System File 1-12(35)/E-304-18/.

 (2) Truck Driver John W. Payee now be allowed twelve (12) hours of pay at his time and one-half rate.

 OPINION OF BOARD: After a careful review of the record in the instant
 case, the Board finds that the only rules cited and
 relied upon by the Petitioner in the on-property handling were 2(c), 30
 (b) and 30 (f). However, in its submission to the Board, Petitioner has
 cited Rule 1 (Scope), all of Rule 2, Rule 8 (a), Rule 30 (b) (f) and (g),
 Rule 5 (a), and Rule 26 (b) and (c).

 On these facts there can be no doubt that the claim as presented to the Board is not the same claim that was handled on the property and, consequently, there is no proper claim before the Board for its consideration. The Employes have the responsibility and burden to cite the rules and agreement language relied upon is a fundamental due process right of the other party, and where the rules are not cited, discussed, or in some way stated on the property, the omitted rules cannot be supplied for the first time in the submission of claim to this Board. It is the intent of the Railway Labor Act that issues in a dispute before this Board, shall have been framed by the parties in conference on the property.

 This fundamental principle cannot be evaded by Petitioner using the scatter-gun approach on the property "or any other applicable rules of the October 1, 1973 Agreement." The "applicable rules" must be clearly identified.

 Therefore, the Board must disregard Petitioner's reference to Rules 1, 2(>), (b), (d) and (e), 8 (a), 30 (g), 5 (a), and 26 (b) and (c).

 Concerning Rules 2 (c), and 30 (b) and (f), the Board finds these rules simply do not support Petitioner's claim; and, accordingly, we must issue a dismissal award.






That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes the Railway Labor Act, as approved June 21, 1934;

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







                        By Order of Third Division


ATTEST: All

        Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1977.

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