Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11768
 SECOND DIVISION Docket No. 11655
 88-2-88-2-214
 The Second Division consisted of the regular members and in
 addition Referee Paul C. Carter when award was rendered.

 (Transportation Communications Union PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

1. Carrier violated the objective conditions of employment when, following an investigation on January 5, 1988, it suspended Car Repairman Helper W. Metzger from service for a period of ten (10) days, commencing on January 21, 1988;

 2. Carrier shall now compensate Mr. Metzger for all time lost and shall clear his record of the charge placed against him.

 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.

The record indicates that at the time of the occurrence giving rise to the dispute herein there was no collective bargaining Agreement in effect governing rates of pay and working conditions of Claimant.

 The burden is upon the Organization to prove that a collective bargaining Agreement was in effect at the time of the occurrence involved, and that such Agreement was violated by the Carrier. It is well settled that the jurisdiction of this Board is confined to disputes which flow from grievance provisions of a collective bargaining Agreement.

 There is no proper bases for this Board to consider the dispute and the Claim will be dismissed. (See Fourth Division Award 4683).
 Form 1 Award No. 11768
 Page 2 Docket No. 11655
 89-2-88-2-214




                              By Order of Second Division


Attest: (~2'. AV
        Nancy J. D e - Executive Secretary


Dated at Chicago, Illinois this 27th day of September 1989.