Farm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11490
SECOND DIVISION Docket No. 11321
88-2-86-2-134
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
Claim $2352.82 per month for 36 months beginning September 11, 1985
for claimant J. Raeside.
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 waived right of appearance at hearing thereon.
Claimant was employed as a Journeyman Sheet Metal Worker by Carrier
at its Oakland, California, diesel facility. On September 3, 1985, Claimant
was notified that he was being furloughed as of the end of his shift on
September 10, 1985. The Organization thereafter filed a claim on Claimant's
behalf, seeking certain protective benefits as set forth in the parties' April
20, 1981, Agreement Pursuant to Section 13(c) of the Urban Mass Transportation
Act of 1964, as amended.
This Board has reviewed the record in this case, and it is clear that
the claim is being based upon an alleged violation by the Carrier of the
protective provisions of the Implementing Agreement of April 20, 1981, entered
into under the provisions of Section 13(c) of the Urban Mass Transportation
Act of 1964. Section 12(a) of that Implementing Agreement provides for s
special arbitration board to resolve disputes. This dispute should have been
brought before that board since it arises under the terms of that Agreement.
This Board does not have jurisdiction to hear this case. Therefore, the claim
must be dismissed.
Form 1 Award No. 11490
Page 2 Docket No. 11321
88-2-86-2-134
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:,
Nancy J. /2r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.
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