Foam 1 NATIONAL RAILROAD ADJUSThIENT BOARD Award No.
786+
SECOND DIVISION Docket No.
7663-T
2-MP-CM-'
79
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
Parties to Dispute:
Dispute: Claim of
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
( (C amen)
(
( Missouri Pacific Railroad Company
1. That the Missouri Pacific Railroad Company violated Article V of
the Agreement of January 12,
1976
when they contracted out the
work of retailing diesel unit No. 115+ at Dow Midway Plant,
Freeport, Texas, to the Houston Belt & Terminal Railroad Company
may
4, 1976.
That the Missouri-Pacific Railroad Company be ordered to compensate
Carmen E. Delcour and T. Robertson in the amount of four
(4)
hours each at the pro rata rate of pay for their violation of
Article V of the Agreement of January 12,
1976, may 4, 1976.
2.
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 ox employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the disput
involved herein.
Panties to said dispute waived right of appearance at hearing thereon.
Upon careful consideration of the entire record we are persuaded that
this claim must be dismissed for lack of jurisdiction of the subject work
in this Board. As initiated and handled on the property this claim alleges
viola tion of the Agreement of September 25,
196+,
Article II Subcontracting.
Jurisdiction of this claim therefore is vested exclusively in Special Board
of Adjustment No. 570. See Award 775. In dismissing this claim we do not
reach, and accordingly do not determine expressly or implicitly, the. merits
of the claim.
e
Form 1
Page 2
C laim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7$64
Docket No. 7663-T
2-MP-CM-'79
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
-~f2o emarie Brasch - Administrative Assistant
Dated - Chicago, Illinois, this 7th day of March, 1979.