Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11472
SECOND DIVISION - Docket No. 11264-T
88-2-86-2-70
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That the Carrier violated the controlling Agreement when work
belonging to the Carmen's Craft was improperly assigned to the Machinists'
Craft at Coster Shop, Knoxville, Tennessee from September 17, 1984 through
October 3, 1984.
2. That accordingly, the Carrier be ordered to compensate Carmen
W. F. Phillips and W. M. Hansard for one hundred and four (104) hours pay each
at the straight time rate.
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 employes 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 were given due notice of hearing thereon.
As Third Party in Interest, the International Association of Machinists and Aerospace Workers was advised of the pendency of this dispute and
filed a Submission with the Division.
Claimants are employed as carmen by Carrier at its Coster Shop in
Knoxville, Tennessee. From September 17, 1984, through October 3, 1984,
Carrier assigned machinists to build a truck stand to be used at the Coster
Shop. The Organization thereafter filed a claim on Claimant's behalf,
challenging Carrier's use of machinists to perform this work.
Form 1
Page 2
Award No. 11472
Docket No. 11264-T
88-2-86-2-70
This Board has reviewed the record in this case, and it is evident
that the case involves a jurisdictional dispute since two or more crafts are
claiming the same work. Under the definition agreed to by the parties in the
November 23, 1946, Memorandum of Understanding, when a jurisdictional dispute
exists, then that dispute must be handled in accordance with the mandatory
provisions of that Agreement. This Board is without jurisdiction to involve
itself in jurisdictional disputes. (See Awards 6809, 7198, and 7199.) In
keeping with the many previous Awards on this issue, this Board finds that
resolution may be sought by the Organization only through the Memorandum of
Understanding and not .from this Board. Therefore, the claim must be dismissed.
A W A R D
Claim dismissed.
Attest. '
- otgfip~o -
Nancy J.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this 11th day of May 1988.