Form 1 NATIONAL RAILRQ4D ADJUSTMENT BOARD Award No. 8286
 SECOND DIVISION Docket No. 8084
 2-N&W-CM-'80
 The Second Division consisted of the regular members and in
 addition Referee Abraham Weirs when award was rendered,
 ( System Federation No. 16, Railway Employer'
 ( Department, A. F. of L. - C. I, 0.
 Parties to Dispute: ~ (Carmen)

Dispute: Claim of Employes:




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 employer involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act; as approved June 21, 193+.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

This is a time claim based upon the alleged failure of Carrier to call claimants, members of the Carmen Organization, to retail three freight cars in the Bison Yard, Buffalo, N.Y., on November 18, 1976, The Bison Yard is a coordinated facility maintained by Carrier in conjunction with the Consolidated Rail Corporation.

 A Memorandum of Agreement dated October 5, 1965 governs the operation of the coordinated facility on this property, pursuant to an order of the Interstate Commerce Commission in Finance Docket No. 21820, insofar as it affects employees represented herein. The Interstate Commerce Commission imposed designated protective conditions for the protection of employees who would be affected by the coordination of the Bison Yard facilities, which protective conditions rest fundamentally on those prescribed in the Washington Agreement of May 21, 1936, The Washington Agreement (Section 73) establishes procedures for handling disputes dealing with the subject matter found therein.
 Form 1 Award No. 8286
 Page 2 Docket No. 8084
 2-N&W-CM-'80

 Carrier raises as a threshold question the jurisdiction of this Board over the instant dispute, arguing that disputes arising under the 1965 Memorandum of Agreement are subject to the arbitration clause (Section 73) contained in the Washington Agreement.

 The United States District Court in Chicago and North Western Railway vs.
 Brotherhood L. E., 202 F. Supp. 277 (S.D. Iowa 19 2 , aff d, 21,3 F 2d th
 C ir. 19 3 cent, denied 375 U.S. 819 in a similar situation held., in essence, that
 the Agreement entered into by the parties and approved before the ICC was valid
 and binding and that under similar circumstances as those herein, the parties were
 "relieved frown the requirements of the Railway Labor Act by virtue of Section 5
 (11) of the Interstate Commerce Act ,.,"

 In the Chicago and North Western Railway case, the parties had entered into a stipulation for grievance handling which were was designed to protect the parties by a mutually agreeable alternative method permissible under the law. In that the Courts have already determined that this method of handling grievances does not do violence to the Railway Labor Act, we must also conclude that the proper forum for the instant dispute would be the special arbitration procedures outlined in lieu of Section 13 of the Washington Agreement of May 21, 1936, as it is of a character contemplated by Section 5 (2) of the Interstate Commerce Act,

 Inasmuch as the parties have provided for disposition of claims such as herein presented, we must respect their Agreement, (Awards 14471, 7,3767, 12717, 9388 and 16037). Accordingly this claim is dismissed.




                            By Order of Second Division


Attest: Executive Secretary
 National Railroad. Adjustment Board

                  r

By
      emarie Brasch - Administrative Assistant


Dated t Chicago, Illinois, this 26th day of March, 1980.