Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27294
THIRD DIVISION Docket No. MW-26388
88-3-85-3-121
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The Carrier violated the Agreement when it failed and refused to permit Messrs. Roy A. Washington, Roy L. Adkins, Joseph E. Shepperd, Kirk Parker, Greg Woods, Greg Williamson, Allen K. McKee, Ardith Stollings, J. Watts, J. L. Salyers, James McCall, Richard C. Geiger, Gene Gross, Danny Ziemer, Pearl Graham, Ulysses J. Howard, Daryell Maybrier, William Womack, Charles E. Hodge, William L. Maybrier, Claxton Knowles, Clinton Snyder, James Buckman, James N. Crum and Timothy C. McComas to complete their workday on September 16, 1983 (System File C-TC-1964/MG-4320).

(2) Because of the aforesaid violation, the claimants shall each be allowed four (4) hours of pay at their respective straight time rates."

FINDINGS:

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

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



At the outset, the Board observes that certain substantive matters belatedly were raised by the Organization after this case left the property. This Board has consistently held that it may only consider matters which have been raised on the property.

Turning to the record developed on the property, we conclude, after a careful review, that the Organization has failed to carry its burden of proof on the property and the claim is denied on that basis.
Form 1 Award No. 27294
Page 2 Docket No. MW-26388
88-3-85-3-121






                          By Order of Third Division


Attest:
        Nancy J. D e - Executive Secretary


Dated at Chicago, Illinois, this 12th day of August 1988.