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:
(Consolidated Rail Corporation
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.
Parties to said dispute were given due notice of hearing thereon.
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
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
ancy J D~r - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1989.