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

Form 1 NATIONAL RAILROAD AD=TMRIT HOARD Award No. 6534
SECOND DIVISION Docket No. 6351
' z-LI,EW-' 73
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award wars rendered:
( System Federation No. 156, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dismxte: ( (Electrical Workers)

( Lang Island Railroad. Company

Dispute: Claim of Employes: _,

1. That the Carrier failed to disallow an appeal within the sixty (60) days. Therefore,. the claim as presented should be allowed.

2. Claim as presented.:

(a) That Management violated the current agreement by assigning to other than aectriciarvs (Bondex's) of the Maintenance of Way Department work belonging to Electricians (Bonders) by agreement.

(b) That two (2) Electricians (Bondexs), rw. George -Baaazian,

Mr. S. Mistretta or Cdr. George Palmore be paid eight (8) hoes

for each at time and one half at their.xate of 1pay for the

following days: _ .

June 23, 1971, July 20, 21, 26, 27, 28, 30,V 197I,p

Amt 3. 49 9, 1971.

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 emgloyes 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 were given due notice of hearing thereon.

The claim in this matter alleges that track employees engaged in removing bonds and putting in temporary bonds on running rails on the Port Jefferson Branch of Carrier on certain days during June, July and August of 1971. Petitioner claims that this type of work has always been performed by electricians of the Maintenance of Way Department. The Organization argued from the inception of the claim that;
Form 1.
Page. 2

"(a) That Bonding is work covered by Electricians Special
. . . 1hiles, Rule No. 37· . - -. . . . , . .

(b) That management by #s action has violated Article II Assignment of Work of the Mediation Agreement Case No:

A-7418 of .June .30, ,1965 . . . . " .

Award No. 6534
Docket No. 6351
2-LI-EW-'73

Article Y of the Agreement of June 30, 1965 provides for..resolution

of disputes arising under that Agreement by a Special Board of Adjustment. The
significant sections of -that Article read: ___ .. ,

.. . : : _ARTICLE V - RESOLUTION OF DISPUTES:

Section 1. In the event a dispute arises out of the application
and/or interpretation of :the terms of this.agreement which cannot
be resolved, ;it will be submitted to the Director of Personnel
by the General Chairman. If the dispute cannot ~be resolved by
the Director of Personnel and.the General Chairman, it shall be
progressed. to a Special Board of Adjustment established herein
for_,final:adjudication. , -. .

Section 2. ,Establishment ~of~Shop. Craft Special Board of Adjustment

-.In accordance with the provisions of the.Rai.lway Labor Act, as amended, a Special Board of Adjustment,. hereinafter referred to as 'Board', is hereby established for the purpose of adjusting and deciding disputes which may arise under this agreement. The partiesagree that such disputes are not subject to Section 3, Second, of~

the ,,Railway,. ?,shot .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 this agreement.".

The language quoted above indicates that.the parties have carefully provided for specific machinery for the resolution of disputes arising under the June 30, 1965 Agreement and further that they have removed such disputes from the jurisdiction of this Board. For this reason we cannot consider any other contentions of.the..parties and must dismiss.this claim fox want of jurisdiction
ru 1 Award No. 6534
Page 3 Docket No. 6351
2_LI_FW.·r73
(See Awards 6102, 5938, 59'+1, 6086 and Third Division Awards 16924 and
17988 among others).
AWARD

Claim dismissed without prejudice.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest:. ~- !-~'.·_-YV~

Executive Secretary

Dated at Micao, Illinois, this 26th day of June, 1973.