Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27776
 THIRD DIVISION Docket No. MW-27198
 89-3-86-3-557
 The Third Division consisted of the regular members and in
 addition Referee Marty E. Zusman when award was rendered.

 (Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

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

 (1) The Carrier violated the Agreement when it disqualified Mr. Kurt Weber as a tractor operator on June 12, 1985 without just cause (System File 6(d) [13-6(b)]/G-97-5-A-1).

 (2) The Carrier further violated the Agreement when it denied Claimant Kurt Weber the right of h
(3) As a consequence of either (1) and/or (2) above, Claimant Kurt Weber shall be returned to his position as tractor operator with seniority as such unimpaired and he shall be compensated for all compensation loss suffered by him."

 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.

The record which this Board reviewed does not contain sufficient probative evidence that it was by Section 3, First (i) of the Railway Labor Act, as amended.

 A review of the correspondence to determine the merits of the Organization's position must be pr before this Board, does not sufficiently establish that a conference was held on the property.
 Form 1 Award No. 27776
 Page 2 Docket No. MW-27198
 89-3-86-3-557

 While we do not desire to decide on procedural grounds, we have no choice in the instant Claim. There is a lack of evidence that this case was conferenced on the property and it must therefore be dismissed by this Board without considering its merits (Third Division Awards 26867, 26853, 23239).




                          By Order of Third Division


Attest:
        Nancy J r - Executive Secretary


Dated at Chicago, Illinois, this 2nd day of March 1989.