(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAM: "Claim of the General Committee of the Brotherhood
 of Railroad Signalmer on the Atchison, Topeka and
 Santa Fe Railway Company:

(A) Carrier violated Signalmen's Agreement, Article I, Section II, when it required Signal inspector, 0. L. Carter, to carry LCS unit to Snyder, Texas to avoid paying Slaton maintainer a four hour call.

 (B) Carrier should pay Signal Maintainer, G. R. Angerer, Slaton, Texas additional time equal to a four hour call because of loss of work opportunity and/or as a consequence of the violation."

 OPINION OF BOARD: The Claimant, a Signal Maintainer in Carrier's
 service at slaton, Texas, claims that the Carrier
 violated its Agreement with the Petitioner in having its Signal Inspector
 (an Agreement-covered employe) transport signal material for a repair job.
 The material was moved from Carrier's faciiities at Siaton to Pyron,
 Texas.

 Throughout handling on the property, the claim was progressed on the contention that the Carrier violated Agreement Article I, Section 2; there is nothing in this provision which prohibits the Carrier's conduct here in question.

 In apparent recognition that Article I, Section 2 does not support the claim, the Petitioner, in submitting to this Board, relied upon Article II, Section ll-(a)-2. The Carrier points out that such argument was not handled on the ~perty, and correctly maintains that it cannot now be considered by us. Consequently, re make no decision regarding Article I0



        FINDINGS: The Third Division of the Adjustment Hoard, 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, 19321;

 That this Division of the Adjustment Hoard has jurisdiction over the dispnte.imrolved herein;.and

        That the Claim must be dismissed.


                      A W A R D


        Claim dismissed.


                            NATICKAL RAILROAD ADJUSTMENT HOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 17th day of September 1979.