Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8763
SECOND DIVISION Docket No. 8255
2-NRPC-EW-181
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
~ National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. Claim in favor of Electrical Employes of the National Railroad Passenger
Corporation (Amtrak) for violation of 2-A-1 (e) of the Controlling Agreement.
2. That, accordingly, the National Railroad Passenger Corporation (Amtrak) be
ordered to pay the Claimants, who are Electrical Employes of the Carrier, IBEW;
listed as follows:
a. Electrician D. T. Cunningham - three
(3)
hours penalty pay at his
prevailing rate of pay for the following dates: November 16, 22; December
9, 21, 22, 27 and 28, 1978; January 5 and 6, 1978 and eight (8) hours
penalty pay for December 5, 1977.
b. Electrician W. P. Schnurr - three
(3)
hours penalty pay at his prevailAng
rate of pay for the following dates: November 7, 9, 10, 14, 15, 16, 18,
21, 23, 25, 28 and 29, 1977; December 1, 2,
5,
6, 7, 8,
9,
12, 13, 14,
15,
16, 23, 27; 28, 29, 30, 1977; and January
3, 4, 5, 6,
10 and 11, 1978.
c. Electrician J. Nolan - three (3) hours penalty pay at his prevailing rate
of pay for the following dates: November 14 and 18, 1977; January
5
and
6, 1978.
d. Electrician D. Sheppard - three
(3)
hours penalty pay at his prevailing
rate of pay for the following dates: November
14
and 18, 1977; January 5,
6
and 9, 1978. That the System Federation 152 Agreement of April 1, 1952,
with amendments of 1961, 1974 and 1976 is controlling.
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.
F orm 1
Page 2
Award No. 8763
Docket No. 8255
2 -NR PC -EW-' 81
·.r''
The several claims herein were initiated and advanced by the Organization under
the contention Carrier violated the Memorandum of Understanding with regard to the
application of the last paragraph of Rule 2-A-1(e) contained in the System Federation
No. 152 and Penn Central Railroad Agreement of April
1, 1952
with amendments of
1961,
1974,
and
1976,
which the Organization alleges is the controlling agreement.
On the other hand, the Carrier at all times material to the handling of these
claims has denied them on the basis that the controlling agreement in effect is the
one between it and the Organization dated September 1, 1975.
The Board views this controversy between the parties regarding which agreement
is controlling as posing a threshold question which must first be resolved before
moving to consideration of the merits of the instant claims. It is the Board's
judgment that resolution of this threshold question can be resolved only by rendering
an interpretation as to the meaning and applicability of Section 504(f)(2) of Title
V of the Regional Rail Reorganization Act of 1973, as amended. Such an interpretation
however, the Board notes, causes a jurisdictional question to arise as to whether
our Board or Special Board of Adjustment 880 has the authority to construe the subject
Section. Based on a full review of the evidence of record before us, we are of the
opinion that Special Board of Adjustment 880 has the authority to render such an
interpretation and that our Board does not. We therefore at this time defer
consideration of the merits of the instant claims and direct the threshold question
be remanded to Special Board of Adjustment 880.
A W A R D
The Board directs the threshold question as to which Agreement is controlling
be remanded to the Special Board of Adjustment 880.
Claims deferred for lack of immediate jurisdiction by the Board.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _ .---s.~-a.
,i .osemerie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 16th day of September,
1981.