NATIONAL RAILROAD ADJUSTMENT BOARD


              SECOND DIVISION


The Second Division consisted of the regular members and in ad

dition Referee Thomas C. Begley when the award was rendered.


PARTIES TO DISPUTE

SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'

DEPARTMENT, .AFL-CIO (Boilermakers)


      MISSOURI PACIFIC RAILROAD COMPANY


    DISPUTE: CLAIM' OF' EMPLOYES:


1. That. under the .current agreement other than Boilermakers
 were improperly assigned to rebuilding and reinforcing the transfer
 table at North Little Rock, Arkansas; on March 14; 1955 through
 March 22, 1955 -and April 6, 1955 through April 19, 1955 for a total
 of 480 hours of Boilermaker's work and 106 hours of Boilermaker -
 Welder's Welder's work.

    2. That accordingly the carrier be ordered to compensate the following Boilermaker and Boilermaker Welders, equally dividing the time between them:


      E. J. Makoski N. P. Voegele

      F. J. Kojeski A: G. Boatman-Welder

      J. K. McArthur J. H. Greenwood-Welder

      P. P. Molter


FINDINGS: The Second 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 employe 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.

    The parties to said dispute were given due notice of hearing thereon.


The carrier sets forth in its submission a letter from C. L. Lampert, General Chairman of the Brotherhood of Maintenance of Way Employes, that the latter claims the Work in question in this docket. Therefore, it is necessary

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that this Division issue a third party notice to the Brotherhood of Maintenance of Way Employes pursuant to the requirements of Section 3 first (j) of the Railway Labor Act.


We find under the latest decisions of the Federal Court that where a genuine third party interest is involved in a claim, due notice must be given to the third party of the pendency and hearing of said claim. Otherwise the award rendered by the Division is subject to challenge in the courts as being invalid and unenforceable. We, therefore, find that this Division must give notice of the pendency of the claim and of the hearing to the Brotherhood of Maintenance of Way Employes before this claim can be heard on its merits.


                  AWARD


Consideration of and decision on the merits of this claim is deferred pending notice by the Division to the parties, Carrier, Brotherhood of Maintenance of Way Employes, System Federation No. 2, Railway Employes' Department, A.F.L.-C.I.O. (Boilermakers), as contemplated by Section 3 First (j) of the Railway Labor Act as interpreted by the Federal Courts.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


ATTEST: Harry J. Sassaman
 Executive Secretary

 Dated at Chicago, Illinois, this 3rd day of December, 1957..

      DISSENT OF LABOR MEMBERS TO AWARD No. 2698


The majority's holding that notice should be given to the Brotherhood of Maintenance of Way Employes is erroneous inasmuch as the dispute covered in the instant claim relates only to the proper interpretation and application of the agreement between System Federation No. 2, Railway Employes' Department, A. F. of L.=C. 1. O. (Boilermakers) and the Missouri Pacific Railroad Company.


This Division has held in a number of cases, as have the courts, that this Board's function is limited to the interpretation and application of the agreements upon which the claims are based, and that questions of the validity and enforcement of the agreements as so interpreted are for other tribunals. Nor can the Division revise or amend agreements so as to resolve conflicting or overlapping coverage of agreements of different organizations in cases of this sort. Section 6 of the Railway Labor Act prescribes the method for making changes in agreements affecting rates of pay, rules, or working conditions.


It is our considered opinion that Awards 340, 1359, 1628, 2316 and 2559 of this Division are awards that state the correct rule in this type of case and should have been followed. Therefore, no notice is required.


                      R. W. Blake


                      Charles E. Goodlin


                      T. E. Losey


                      Edward W. Wiesner


                      James B. Zink

                              Serial No. 36


      NATIONAL RAILROAD ADJUSTMENT BOARD


              SECOND DIVISION


(The Second Division consisted of the regular members and in addition

Referee Thomas C. Begley when the interpretation was rendered.)


INTERPRETATION NO. 1 TO AWARD NO. 2698

DOCKET NO. 2346


NAME OF ORGANIZATION: System Federation No. 2, Railway Employes' Department, AFL-CIO (Boilermakers).


    NAME OF CARRIER: Missouri Pacific Railroad Company.


QUESTION FOR INTERPRETATION: Inasmuch as a dispute exists concerning the notification to the third party in Award No. 2698, reading:


    "Consideration of and decision on the merits of this claim is deferred pending notice by the Division to the parties, Carrier, Brotherhood of Maintenance of Way Employes, System Federation No. 2, Railway Employes' Department, AFL-CIO (Boilermakers), as contemplated by Section 3 First (j) of the Railway Labor Act as interpreted by the Federal Courts".


the Board notified Mr. T. C. Carroll, President, Brotherhood Maintenance of Way Employes, 12050 Woodward Avenue, Detroit, Michigan, of the finding and the Award in Docket No. 2346. However, the Board did not address its letter or otherwise notify Mr. C. L. Lampert, General Chairman of the Brotherhood of Maintenance of Way Employes of the Missouri Pacific Railroad.


The Board finds that the letter addressed to Mr. T. C. Carroll, President, Brotherhood Maintenance of Way Employes, also should have been addressed to Mr. C. L. Lampert, General Chairman of the Brotherhood of Maintenance of Way Employes of the Missouri Pacific Railroad, 717 Missouri Insurance Building, St. Louis 1, Missouri.


Referee Thomas C. Begley who sat with the Division as a member when Award No. 2698 was adopted also participated in making this interpretation.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


ATTEST: Harry J. Sassaman
      Executive Secretary


Dated at Chicago, Illinois, this 11th day of February, 1958.

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