PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Please consider this letter as my customary 30-day notice
of my intent to file within 30 days my Ex-parte submission
with the National Railroad Adjustment Board, Third Division, concerning an
unadjusted dispute between the Norfolk and Western Railway and myself.

The facts in this claim are as follows. On March 3, 1980 Clerk J. K. Daniels exercised displacement rights on a clerical position held by junior employee G. H. Keplinger in the office of Division Assistant Superintendent, D. L. Estep. Clerk Daniels was denied rights of displacement to this position, and then made a second displacement under the same date and displaced Chief Clerk to the Assistant Superintendent Terminal R. T. Lemaster. Lemaster in turn displaced Chief Clerk to the Division Engineer-Maintenance D. W. Ratcliff. This granting of a second displacement of Clerk Daniels, without first giving him his right to a qualifying period of forty (1+0) days under Rule 10 of the current Master Agreement; and it is my position that this move on the part of the Carrier to make this second displacement was illegal.

,-. Please accept this claim in my behalf to be effective April 3, 1980 and to run continuous for each day (Monday thru Friday) for eight hours per day, five days per week at the monthly rate of $1682.1+5 to include any and all future adjustments, any and all overtime worked by Chief Clerk R. T. Lemaster Monday thru Friday, Saturday and Sunday at the time and one-half rate of $1682.1+5, also to include any and all adjustments."

OPINION OF BOARD: In reviewing this dispute, we concur with Carrier's
position that the claim before us is materially different
from the claim handled on the property. We cannot agree with Claimant's defensive
averment that it is essentially de minims in nature. His rearticnlation of
the original claim filed represents a substantive, not nuancial modification and
is de facto a new claim. This amended claim was not handled on the property in
accordance with the parties Iprescribed grievance appeals procedures and as such,
we are precluded by the mandatory language of Circular Bo. 1 of opus Rules
from considering it. This Rule requires:



It is in accordance with Section 3, First (i) of the Railway Labor Act, as amended, which reads, in part, as follows:



        "(i) The disputes shall be handled in the usual manner up to and including the chief operating officer of the Carrier designated to handle such disputes."


Moreover, the decisional law of this question affirms our determination. In Third Division Award No. 15384, which conceptually parallels this case, we stated in pertinent part that:

        "It is also clear that the claim presented to the Board is not the same claim that was handled on the property. In fact, the claim was amended after its submission to the Board. We have consistently held that where there is a substantial variance between the claim handled on the property, and that presented to the Board, we cannot resolve the dispute. Since this claim was not handled in the usual manner as required by Section 3, First (i) of the Railway Labor Act, the claim must be dismissed." (See also Third Division Awards Nos. 14258, 13235, 12554, 11212, 11346, 11910, 12352 and 13659 among others.)


The instant modified claim was not handled on the property pursuant to the Agreement's applicable procedures and we must dismiss it.

        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 ovea-the dispute involved herein; and

        That the claim is barred. R~ y E I VE D


                        ` +_

                        A W A R D

                        SLP 71'."'~


        Claim dismissed. C~ZCo ~` '

        Office

        NATIONAL RAIIROAD ADJUSTMENT BOARD

                              By Order of Third Division ' "'


        Attest: Acting Executive Secretary atonal Railroad Adjustment Board


B -:~ ~ i
1-7 Rosemarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 14th day of July 1983.