Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD
Award No. 6641
SECOND DIVISION Docket No. 6350.
2-LI-EW-' 74
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( The Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the Carrier failed to disallow a n appeal within the
sixty (60) days for Electricians McCormack and Anderson.
2. That the claim as presented in the appeal letter dated
November 29, 1971 be allowed.
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.
Parties to said dispute were given due notice of hearing
thereon.
The gravamen of this dispute is that Carrier violated Article I
of Mediation Case No. A -7418 "when the two involved employees were
not given proper and adequate notice as provided in said agreement."
In the initial handling on the property/ Carrier asserted
that:
"The Mediation Agreement Case No. A -7418 you claim we violated
is not applicable in this case, and was not violated in any
instance."
*/ In its rebuttal the Organization contended that:
"At no time did the Carrier refer to the (Mediation Agreement
No. A -7418) in their correspondence while the appeal hearings
were being progressed on the property in accordance with the
Grievance procedure."
The Board finds that this contention is without merit.
Form 1
Pa ge 2
Award No. 6641.
Docket No. 6350
2=LI-EW-' 74
Article V of the June 30, 1965 Mediation Agreement Case No.
A -7418 provides for the resolution of claims arising thereunder by a
Special Board of Adjustment. Section 8 of Article V grants "exclusive
jurisdiction" to such Special Board of Adjustment over such disputes.
This Board therefore has no jurisdiction to consider the matters
presented, and the dispute must be dismissed for want of jurisdiction.
In light of the above, we will not consider the question of
whether Carrier failed to disallow an appeal within the 60 day period.
A WA R D
Claim dismissed for lack of jurisdiction.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ,. c? , r
<k -., < . .` ~t <:.T-.z
~-'
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of February, 1974.