Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27883
THIRD DIVISION Docket No. MW-26890
89-3-85-3-664
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to assign Mr.
D. R. Reid to fill a temporary vacancy as Class 2 machine operator (Pettibone
end loader) at Avon Yard on April 5, 6, 9, 10, 11, 17, 18, 19, 24 and 25, 1984
(System Docket CR-1165).
(2) Because of the aforesaid violation, Mr. D. R. Reid shall be
allowed the difference between what he was paid at the trackman's rate and
what he should have been paid at the Class 2 machine operator's rate for eight
(8) hours on each of the claim dates."
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.
After careful review of the record, the Board finds that the employee's original claim was devoi
appeal proceedings, the District Chairman amended the Claim to allege a violation of Rule 3, Section
refer this Board to Rule 3, Sections 1, 3 and 4 as supportive of its position
that the Claim should be sustained.
Given this state of the record, we must conclude that there is a
substantial variance between the Claim handled on the property and the one
presented to this Board. The Organization may not at each step of the processing of a claim amend th
alleged rule violations. To find otherwise would prejudice the opposing party
and defeat the intent of the Railway Labor Act that issues in a dispute before
Form 1 Award No. 27883
Page 2 Docket No. MW-26890
89-3-85-3-664
this Board shall have been framed by the parties on the property. Under the
Awards of this Board, the instant Claim must be dismissed. See, Third Division Awards 20472, 21441.<
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _ i
Nancy J.
D
v -Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1989.