Form 1 1VATIONU RAILRGAD ADj'USTMENT BOARD Award No.
8131
SECOND DIVISION Docket
I10T
8072-I
2-~T-I-'
79
The Second Division consisted of the regular members and in
addition Referee Kay NScMurray alien award was rendered.
( Wendell L. Strain
(
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
Mr. Strain has advised that he is interested
in
the following if
he is eligible to train as a Fireman:
1. To enter the prograz2 with his seniority date of June
1975.
2. Compensation for al'L money fro:.
1975
to the time he enters the
Fireren's Training Pr ooram.
3.
A guaranteed job when he finishes the program.
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 enploye within the meaning of the
Railway Labor Act as aapr oved June
21 , '! 934.
This Division of the Adjustment Board has jurisdiction over the dispate
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Petitioner, Mr. ~,Tendell Strain, comes before this Board alleging that
he has not been considered for transfer from his position of laborer to that
of locomotive fireman, from -v:here he would be eligible to enter the training
program for locomotive engineer.
The Board lauds the effort of arty employ-a to inprove his status w-i th
his employer as is evidenced in this r=atter. Hoo7ever, by :statute, this
Board's jurisdiction is limited to the interpretation of existing collective
bargaining a;areeents. A carrier's polLcv ,,~ith respect to hiring of employee;:
in a particular craft is just that
-- e.
rolicy -- and it is not encompassed
by the collective barn-.inin.a;;re.ement. Consequentl
;r,
we do not have
jurisdiction and are powerless to grant the relief sought.
Form. 1 Award No.
8131
Page 2 Docket No. 80 72-I
2-NLP-I-'79
The substantial record indicates every effort by his organization to
further the petitioner's interests but, unfortu.nately, the problem is not
susceptible of solution under the collective bargaining agreement.
This Board is without jurisdiction to consider Petitioner's request and
it is therefore dismissed. Nevertheless, we were impressed with the
Petitioner's extensive and his able presentation and would suggest that h°
continue his efforts to improve his position. Perhaps the Carrier may give
this matter further consideration.
A W A R D
Claim dismissed.
NATI01`RL RAILROAD ADJUSTi.M1JT BOARD
By Order of Second Division
Attest: Executive Secretary
National railroad Adjustment -Board
By , _"k_
.~.,.-i.-.,.~_,-s, ~,'.
_.f`C ~:,
..;osei~.rie ~rasch - Adri:Lnistrwtive
:,s:,istant
t
Dated at Chicago, Illinois, this 27th day of September,
1979·