The basic facts in this case are not in dispute. Under date of July 21, 1999, the Organization filed the instant claim.
In its initial denial and throughout handling on the property, the Carrier merely reiterated the facts set forth in the claim letter but provided no reason at all for denying this claim; but merely asserting, "there Is no basis for this claim." [Timeliness defenses interposed by the Carrier in the mid-level appeal denial were met with an assertion by the General Chairman that the Carrier had granted a time extension. Thereafter, the procedural objection apparently was abandoned in the handling before the Board].
In its written Submission to the Board, the Carrier made the following allegation, for the first time in the handling of the case: "During the period from June 21, 1999 through June 27, 1999 the Carrier's Signal Department Employees installed signal equipment at the CTC Control Point at South Dawson. It was necessary that employees of Interrail Signal Engineering, Inc. be on hand to troubleshoot the new system and provide technical assistance in the installation. This was the first VHI.C (Vital Harmon Logic Controller) ever installed on the Paducah & Louisville Railway, Inc." In addition, the Carrier asserted for the first time in its Submission to the Board that the CTC Control Equipment Bungalow had been pre-wired by the vendor at the factory.
Even if, arguendo, these assertions were relevant and might have constituted a valid defense to the Organization's prima facie showing that the Carrier violated the cited Agreement provisions, we may not consider evidence and arguments advanced de novo at the Board level. For reasons set forth more fully in Third Division Awards 36929 and 36930, this claim is sustained.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.