Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28280
THIRD DIVISION Docket No. SG-28450
90-3-88-3-239
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Burlington Northern
Railroad Company (BN):
Claim on behalf of Signal Maintainer L. Elliott, headquartered at
Loveland, Colorado, to require the Carrier to bulletin his position, account
of its violation of the current Signalmen's Agreement, as amended, particularly Rule 28-A, when it f
by the General Chairman in his letter of March 4, 1987. G.C. File D-87-446.
Carrier file SDI - 870724."
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.
At the outset, the Board observes that the Carrier, as contended by
the Organization, has introduced a number of new arguments and materials that
were not presented on the property. Accordingly, these may not be considered
by the Division in its deliberations on this Claim.
The Board has carefully reviewed the Submissions of the parties as
represented by the materials developed on the property. It is apparent that
some change was made with respect to the Claimant's territory. Moreover,
given the exact language in Rule 28, a "material" change may come about because of an increase or de
the basis of the record developed on the property, we find a number of key
assertions and counter assertions by both parties which lack an evidentiary
basis. Accordingly, we cannot legitimately arrive at a decision on the Claim
and, therefore, it is dismissed.
Form 1 Award No. 28280
Page 2 Docket No. SG-28450
90-3-88-3-239
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
-'Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.