AWARD 134 - BOARD HAS NO AUTHORITY TO GO BEYOND STATEMENT OF CLAIM

Fourth Division Award No. 4867 (Mason)

"Under the provisions of the Railway Labor Act and the Rules of Procedure of this Board, the party presenting a dispute "must clearly state the particular question upon which an award is desired." When that is not done in the Statement of Claim as presented to this Board, we would be exceeding our jurisdiction by considering arguments which go beyond that Statement of Claim. Support for this conclusion is found in Award 28529 of the Third Division of this Board which is the most recent, and in our opinion the most logical, opinion on this subject. We, therefore, dismiss this claim for lack of jurisdiction without reaching the issue of timely or untimely denial of the original claim."

Fourth Division Award No. 4868 (Mason)

"The procedural and jurisdictional arguments and contentions contained in this case are a repeat of those contained in Award 4867. The names and dates are different, but the allegations relative to an untimely denial of the claim and a failure to include a reference to a time limit violation in the Statement of Claim to this Board are exactly the same as award in Award 4867.

For the reasons as outlined in Award 4867, this claim is dismissed without reaching any conclusion on the merits, or lack thereof, or on the alleged time limit violation."

Fourth Division Award No. 4421 (Muessig)

"Accordingly, while the Board normally does not set aside Claims that are of such importance to both parties on essentially procedural grounds, the issue, as framed by the Claimant, is whether the Carrier has a right to required a Yard Status Report to be given to the Train Dispatcher. Solely on this question, and in recognition that the Board has no power to go beyond the issue set forth in the Statement of Claim and under the facts and circumstances of this case, a violation of the Agreement has not occurred."