Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7440
SECOND DIVISION Docket No.
7247
2-sPr-MA-t78
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Carrier does not always allow the employes to work the job
position awarded them by bulletin. -
2.
That the Carrier does not always allow the employes to properly
exercise their seniority on job placements.
3.
That, accordingly, the Carrier be ordered to specify job positions
in their shop bulletins, by designating such areas as A, B, C, and
D and each foreman assigned to a given area and that they award
according to seniority.
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.
Parties to said dispute.waived right of appearance at hearing thereon.
This claim seeks changes in methods of operations by carrier with
respect to bulletined jobs. No claimants are named and Paragraph
3
of the
claim requests this Board to order carrier to comply with petitioners'
requests. Although reference is made to Rule
19,
carrier's failure to specify
job positions in its shop bulletins does not violate that rule.
It seems clear this claim seeks relief not available here. This Board
has no power to change a rule. That can be accomplished through the processes
of collective bargaining and this has been pointed out in numerous awards of
this Board. See Awards
3305
(Carey) and
7077
(Rose). Similarly, this Board
has no equity powers and it cannot compel changes in operations. See Third
Division Award
20383
(Dorsey). For all these reasons this claim must be
denied.
Form 1
Page 2
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7440
Docket No.
72+7
2-spr-MA-
t
78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
s~arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
13th day of January,
1978.