"1. That the Southern Pacific Transportation Company (Western Lines) violated the terms of the controlling Agreement, Rules 33(a), 32 and 104 when it assigned other than Carmen to perform Carmen's work including inspecting and grading/classifying of freight cars which were prepared or pre-tripped for service at its Roseville, CA facilities.

2. That in addition thereto, Southern Pacific Transportation Company (Western Lines) has subsequently continued said violations on freight cars which are prepared or pre-tripped for service at its Roseville, CA facilities.

3. That accordingly, Southern Pacific Transportation Company (Western Lines) be ordered to pay Carmen A. T. Santos, et. al., eight (8) hours each at the pro rata rate of pay for February 25, 27, 28, and March 1, 4, 5, 6, and 8, 1991."

Parties to said dispute waived right of appearance at hearing thereon.

The dispute in this case revolves around the action of Carrier in contracting out car cleaning services. Carrier provided notice of its intent to contract out this work under the terms and provisions of the September 25, 1964, National Shop Crafts Agreement, to the International Brotherhood of Firemen and Oilers. It did not, though, provide notice to the Carmen's Organization, believing that it had reached agreement with it to do so.

Nonetheless, Carrier's right, or lack thereof, to contract out Shop Craft work is covered by Article II of the September 25, 1964, Agreement. That Agreement provides that disputes arising under its terms are to be resolved by a Special Board of Adjustment, i.e. SBA 570. This Division of the Board has repeatedly and consistently refused to assert jurisdiction over disputes arising under that Agreement. See for example Second Division Awards 6102, 6543, 11176, and 11163. Accordingly, the Claim must be dismissed.

AWARD