NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21570
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8061, that:
1. Carrier violated Rule 3, and other provisions of the Agreement, when it deprived Utility Cler
by refusing to permit him to protect his assigned position of Utility
Clerk, 3:59 p.m. to 11:59 p.m., Savannah, Georgia, Sunday, July 28, 1974.
2. Carrier shall be required to allow C. E. Jordan one day's
pay, eight (8) hours at the applicable rate of pay, for the violation
set forth above.
OPINION OF BOARD: This dispute involves an absence due to illness
and the problems attendant upon Claimant's attempt
to return to work. Carrier argues initially that the Claim is deficient
since the Organization failed to cite any specific rule violations while
the Claim was being processed on the property. An examination of the
records of the dispute indicate that Petitioner, with its submission,
for the first time alleged violations of Rules 3, 22 and 50 of the
Agreement; no such reference to riles violations were made on the
property prior to the appeal to this Board. Petitioner presented no
defense to Carrier's argument with respect to the lack of rule
specification.
The Board has consistently dismissed claims where no rules
were cited on the property but were specified for the first time in
the submissions to this Board. For example, in Award 19773, we said:
"The awards are abundant to the effect that the
Organization can not prevail before the Board on
the basis of rules that were not cited or discussed
during usual handling on the property."
This issue was discussed fully by this Board in Award 13741,
in which we said, inter alia:
Award Number 21682
Docket Number CL-21570
"It is too late to supply the specifics, for the first
time, in the Submission to this Board - this because:
(1) it in effect raises new issues not the subject of
conference on the property; and (2) it is the intent of
the Act that issues in a dispute, before this Board,
shall have been framed by the parties in conference on
the property."
Page 2
As indicated above, we are unable to reach the merits of this '1
dispute; it must be dismissed.
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
Upon the record made on the property, we arey"e°
adjudicate the merits of the claim.
A W A R D
Claim dismissed.
ATTEST:
ei At/
SP 2 3 177
J. BcR'C
I'` .
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of August 1977.