NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12569
Docket No. 12487-I
93-2-92-2-22
The Second Division consisted of the regular members and in
addition Referee Ec:kehard Muessig when award was rendered.
(John B. Croston
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
"John B. Cro;ston seeks employee benefits
afforded by the agreement between Burlington
Northern Railroad Company and it's mechanical
employees, dated 5-18-70. Specifically
Appendix 'G-1', National Mediation Agreement
of September 25, 1964 Article 1 Section 2, 6
and 7."
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 were given due notice of hearing
thereon.
In this dispute, the Claimant seeks entitlement to benefits
under the September 25, 1964 Mediation Agreement. He contends that
his position was abolished when the Carrier closed its Livingston
Shop facilities on February 3, 1986. However, the Board holds that
the matter under dispute is reserved to Special Board of Adjustment
No. 570. Sections 1 anti 8 of Appendix "G-1", Article VI of the
September 25, 1964 Agreement provides as follows:
"Section 1 - Establishment of .Shop Craft Special Board
of Adjustment
In accordance with the provisions of the
Railway Labor Act, as amended, a Shop Craft
Special Board. of Adjustment hereinafter
Form 1 Award No. 12569
Page 2 Docket No. 12487-I
93-2-92-2-22
referred to as 'Board,' is hereby established
for the purpose of adjusting and deciding
disputes which may arise under Article 1,
Employee Protection, and Article II,
Subcontracting, of this agreement. The
parties agree that such disputes are not
subject to Section 3, Second, of the Railway
Labor Act, as amended."
"Section 8 - Jurisdiction of Board -
The Board shall have exclusive jurisdiction
over disputes between the parties growing out
of grievances concerning the interpretation or
application of Article I, Employee Protection
and Article II, Subcontracting."
Accordingly, these provisions provide for the exclusive
jurisdiction over Shop Craft disputes before the Special Board of
Adjustment No. 570. That Board handles all disputes involving the
interpretation or application of Article 1, Employee Protection.
Resolution of dispute concerning protective entitlements are
exclusively within the jurisdiction of the tribunal formed under
the provisions of the September 25, 1964 Mediation Agreement. The
claim is therefore dismissed because this Board has no jurisdiction
over this case.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
C/
(-2z~-a : --:~- ~~-~
Catherine Loughrin - I ~erim secretary to the Board
Dated at Chicago, Illinois, this 8th day of September 1993.