Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27811
THIRD DIVISION Docket No. MS-27823
89-3-87-3-254
The Third Division consisted of the regular members and in
addition Referee Harty E. Zusman when award was rendered.

(Laurance A. McCabe PARTIES TO DISPUTE:

(Consolidated Rail Corporation

STATEMENT OF CLAIM:

"Unfair Labor Practices against me by Conrail Part II."

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.

Parties to said dispute waived right of appearance at hearing thereon.

The instant dispute involves a number of allegations related to the mishandling of personnel files and Carrier's labor practices. The correspondence on property between Claimant's non consideration for promotion.

This issue is well beyond the Board's jurisdiction. We have no authority to consider any issues whic out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions..." No Agreement provision was alleged violated Claimant's allegations may not be examined or considered by this Board.

We must also point out that an almost identical dispute involving the same parties was dismissed in Fourth Division Award 4513. Stare decisis should apply.
Form 1 Award No. 27811
Page 2 Docket No. MS-27823
89-3-87-3-254

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

Nancy J a -Executive Secretary

Dated at Chicago, Illinois, this 29th day of March 1989.