Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13635
Docket No. 13558
01-2-00-2-34
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen Division/
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim
of
the Committee of the Union that:
1. The Springfield Terminal Railway Company violated the terms and
directive of Public Law Board 6073 in Award 13, Case 13, when
they failed to reinstate David M. McCaslin as directed by Neutral
Member, Fred Blackwell.
2. That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman David M. McCaslin in the amount
of forty (40) hours pay at the straight time rate for the time he lost
as a result
of
the carrier's delay in returning him to service."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all tile
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13635
Page 2 Docket No. 13558
01-2-00-2-34
Public Law Board No. 6073, Award 13, reinstated the Claimant without backpay
with the following condition:
"The Carrier shall comply with this reinstatement directive immediately
and not later than 5 P.M. April 16, 1999, with the Claimant being subject
to the generally applicable return-to-work examination, including a drug
and alcohol screen."
The claim in this matter asserts that the Carrier failed to comply with that
reinstatement condition.
The Board has no jurisdiction to consider compliance with an Award of a Public
Law Board. Third Division Awards 31869 and 31870. Nor can the Board enforce the
provisions of such an Award. First Division Award 24480. Relief, if any, must come
from proceedings before that Public Law Board or, if appropriate, from enforcement
proceedings in court.
The claim shall be dismissed for lack of jurisdiction.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 3rd day of July, 2001.