Form 1 NATI0TML RA=OAD ADJUSU.E"rT BOARD Ail-and No. 8129

SECOND DIVISION Docket No. 8018-I

2-BNI-I-' 79

The Second Division consisted of the regular members and in addition Referee Robert E. Fitzgerald, Jr. when award was rendered.

( Gerald J. Dirmen Parties to Dispute: (

( Burlington Northern Inc.

Dispute: Claim of Emnloyes

Employee/Petitioner contends (1) that he has a valid grievance which is set forth in Exhibit 1 attached hereto and which is a continuing violation of the Current Agreement between Burlington Northern, Inc. and its Mechanical u~ployees; and (2) that he has been deprived of representation by the International Brotherhood of Boilernakers, Iron Ship 3uilders, Bl ac:--s-i ths, Forgers and iIlelpers as can be ascertai ned in the various a,-raib its ,:vttached hereto and as related in ;;he State:':ent of 7-act's here~__n.

Findings:

The Second T;ivision of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the e:~i,nlo·re or employes involved =n th4s dispute are respectiv°l~,r carrier ~-_nd _nloye with-:.n the ne=aping of the
Railway Labor Act as approved June 21, 1934.

This Division of the _"~djustr:ent card has jurisdiction over the dispife involved herein.

Parties to dispute were given due notice of hearing thereon.

This is a clam involvinClair.-,pt's alle °tion of ~,:ro:~,;ful abol_1_sl:r::ent of his blac1-r-s-mith position en June 11, 1976, after z,;ai ch he accepted a comparable position as a boiler:-;ar:er.

our review of the claim indicates that it seems to request that Claimant

... is not qualified to hold a posi ti on as boi lenr~j:r:.er and th,~%'t he should be restored to his bl'a~_,.'-s;-ith position with seniority as of c ,~Pte`^er 14-, 1970, uir,at he has been placed _n a worse ~-n under the, prot<-: tive benefits

~o. Y.t~:~of the current :iree:?ent and the V";as'hin~;`Gn Job Prote^tion Agreement of _'_ ay, 1;~;-'l "h re:_;Dec t wo r,).'°es novernin worM.ng cond_tion,,; due to t.r~sfer of :r,~r~= by the ~wrrier, that he should be -e-larded as beirZ deprived of erPlo-,anent. "

Form 1 Award T:o. 8129
Page 2 Docket NTo. 8018-I
2-BirI-I-' 79

However, at the hearing before the Board, the attorney for the Clai.::ant, Mr. Sax, stated that the Claiu:ant :,rf.Ls riot seeking the right to transfer his seniority rights from the blacksmith's job to the boilermaker job.

Before we can consider the z_nerits of the claim before us, there are two procedural issues which we mist review to determine if ire ray look into the merits of the d.`s;:ute. Claimant's asserted grievance, in reality, . comes from the crotective benefits contained in Articles I and II of the September 25, 1964 _a ti oval .-.greement, and we note treat the claim quotes extensively from the Washinggton Job Protection Agreement, which is incorporated by reference and direct quotation into Articles i and II of the Agreement. The grievance also auotes directly from the September 25, 1964 National Agreement, and there is no doubt that the basis for this grievance is firmly based in the 1964 Agreement, supra. This Agreement establishes special grievance machinery, under Article VI, to adjust'ng arid deciding di.rutes:

".., which y-ay arise under .=Irticle I, Erinloye Protection and Article II, Siiacontractinf~-.o."

and that Board has been in existence well over a decade, in Award 6086, this Board held:

"Clean- even from a n?rflznctory reading of t'_te above

pertinent provisions o:~.' the Se_rter-ber 25, l?64

Agree:-ent, the oarti cs have effect:l.vely re:oved any

disputes aris.'..nuncle= U-hat :_~r.a ~,-: ent frc:~_ the

jurisdiction of this :3aa=,d. ; ::c.e the parties have

mutually - Mrced to the est-Ul i ::: =rent of certain

pr ocFi~dures' and r:"'Ichi ner-y to thcestablish::e nt of

certain r)-·ocedures ~ -:? .1ac:`^n= ~~o reso1%T-, di mutes

and s-oec_fic a11y r ea _e~rea vhis I,owrd f ro:1 a sst~.:~ ng

juri sdIc Lion, ?re have no altern~tive other than to

dismiss the instant clam...

Of smilar fi nditi- js are our Awards 5667, 5663, 5750, 5937, 6081,

6102, 6543 and 71 q4, ~-_:~_,ong ni:;ierous others. ve accordingly reach the sa:,e
conclusion here, Lrd there is no basis for us, in li-_hit of the foregoing,
to consider ti-me 11x.:Y.t argir, .ents raised by either p~rty to thl_s d-ispna.te.

A W A R n

Claim dism:_ssed.

Form 1 Award No. 8129
page 3 Docket No. 8018-I
2-BTI-I- 79
lUATIMTr'~L ':tAf.RO-.D ADLITj'ST%Ei,'7 BOARD
By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By r '~'..-..,-..s - r.r.6'°'._.-=
ceRopeznarie Brasch - Administrative :.ssistwnt,

Dated at Chicago, _1.L1-inois, this 27th day o-.' SePte^-ber, 10,7:'.