(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMFIWT HOARD Award No. 6501
SECOND DIVISION Docket No. 6327
2-EL-EW-'73

The Second Division consisted of the regular members and in addition Referee Irwin M. Lieberman when award was rendered.

( System, Federation No. 100, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)
(
( Erie Lackawanna Railway Company

DisMte· Claim of pmployes:

That under the current agreement, Assistant Communications Constructionman George A. Rakus was improperly furloughed from service of the Carrier.

2. That under the current agreement, the aforesaid employe was improperly transferred to another job within his class or craft beyond the same general locality as his point of employment on the date affected.

Findings: The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that: .,:,
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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.

Parties to said dispute waived right of appearance at hearing thereon.

Petitioner alleges that Claimant, an Assistant Communications .-.

Constructionman, was improperly furloughed on November 27, 1970, when
his job was abolished. Specifically, violations are alleged of both
the September 25, 1964 Mediation Agreement and the August 19, 19b8 merger
protective agreement.
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Form 1 Award No. 6501
Page 2 Docket No. 6327
2-EL-EW-' 73
Article VI, Sections 1 and 8 of the September 25, 1964 Mediation
Agreement provides:

ARTICLE VI - RESOLUTION OF DISPUTES

Section 1 - Establishment of Shop Craft Special Board of Adjustment--.,

In accordance with the provisions of the Railway Labor Act, as amended, a Shop Craft Special Board of Adjustment, hereinafter referred to as "Board", is hereby established for the purpose,

of adjusting and deciding disputes which may arise under Article 'I, Employee Protection, and Article II, Subcontracting, of this -

agreement. The parties agree that such disputes are not subject to Section 3, Second, of the Railway Labor Act, as amended.

Section 8 - Jurisdiction of Board -

The Board shall have exclusive jurisdiction over disputes between the parties growing out of grievances concerning the

interpretation or application of Article I, Employee Protection, I

and Article II, Subcontracting ..

...

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Section 1(d) of the August 19, 1968 Protective Agreement gives exclusive jurisdiction to an Arbitration Committee over disputes involving
the interpretation of that Agreement. Section 1(d) reads: j

. In the event any dispute or controversy arises between Norfolk . ,.

& Western and any labor organization signatory to this Agreement _

with respect to the interpretation or application of any provision

of this Agreement or of the Washington Job Protection Agreement

(except as defined in Section 11 thereof) or of any implementing -~, .

agreement entered into between Norfolk & Western and individual

organizations which are parties hereto pertaining to the said

merger or related transactions, which cannot be settled by Norfolk.;.

& Western and the labor organization or organizations involved

within thirty days after the dispute arises, such dispute may be

referred by either party to an arbitration committee for con

sideration and determination. Upon notice in writing served by .

one party on the other of intent by that party to refer the dis-,

pute or controversy to an arbitration committee each party shall, - -

within ten days, select one member of the arbitration committee

and two members thus chosen shall endeavor to select a third

member who shall serve as chairman, in which event the compensation

and expenses of the chairman shall be borne equally by the parties

to the proceeding. All other expenses shall be borne by the party

incurring them. Should the two members be unable to agree upon the

appointment of the third member within ten days, either party may ,~

request the National Mediation Board to appoint the third member, -

whose compensation and expenses shall then be paid in accordance _rrr

with existing law. The decision of the majority of the arbitration

committee shall be final and binding.

orcn 1 Award No. 6501
^e 3 Docket No. 6327

2-EL-EW-173

Carrier argues that the Hoard has no jurisdiction to resolve this dispute while Petitioner urges that the two merger agreements merely amend the controlling agreement and therefore this Hoard does have jurisdiction. Since the clear language of the agreements quoted above indicate that the original appellate jurisdiction is reserved to another tribunal, we must reject Petitioner's argument. (See Awards 5667, 6081, 5938, 5835, 6086 and 6102). For these reasons we must dismiss the claim for want of jurisdiction.

A W A R D

Claim dismissed without prejudice.

NATIONAL RAILROAD ADJUSTMENT HOARD By Order of Second Division f

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Attest:

. Executive Secretary i

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Dated at Chicago, Illinois, this 30th day of May., 1973.

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