Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28009
THIRD DIVISION Docket No. MS-27168
89-3-86-3-238
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.

(Richard Wheeler PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"The Petitioner, Richard Wheeler contends that he should have been awarded the position of Structural Welder in Gang $401. The basis for the contention is that Richard Wheeler has seniority over J. R. Schmid who was awarded the position. Petitioner requests retroactive compensation from date of award."

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.



This claim arises from the awarding of the position of Structural Welder in Gang 401 to an employee alleged to be junior to Claimant. At the outset, this Board must first answer the objections raised by the Carrier. The Carrier insists this claim, as presented, is not based on any specific citation of an alleged rule violation. Secondly, the Carrier contends the Claimant's submission contains new material and issues not raised on-theproperty. The Board finds th factual. The Claimant's submission includes new material and arguments (the Class 11 driver's license argument) which was not part of the handling on-theproperty. Such inclusio Circular No. 1 of this Board. The absence of any rule citation or reference requires this Board to conclude it has no basis upon which it could reach the merits of this claim.
Form 1 Award No. 28009
Page 2 Docket No. MS-27168
89-3-86-3-238






                          By Order of Third Division


Attest
        ancy J D~r - Executive Secretary


Dated at Chicago, Illinois, this 31st day of July 1989.