The Carrier violated the Agreement between the parties when by General Order Number 206, dated July 10, 1952, it abolished third shift 10 PM to 6 AM-block operation Lambertville, New Jersey, and opened that Block Station 5 AM until 9 PM. Request is that each employe listed below in this claim, directly involved as the result of this violation, shall be compensated for any loss of time, change in hours of their regular assigned hours prior to date the General Order in question was issued.
That first trick Operator-Clerk, W. H. Wilmot be paid eight (S) hours for working the third trick assignment from 5 AM to 6 AM; one hour for being available but suspended from his regularly assigned tour 1 PM to 2 PM; time and one-half rate for any rest days worked as were assigned prior to date of change; and paid for those days he was subsequently required to observe as rest days, being available and not used; for second trick Operator Keyes, the same claim as that of Wilmot.
That third Trick Operator L. E. Young, who was compelled to exercise his seniority and go elsewhere to work, be compensated for being available and not used on his assigned hours at Lambertville; if he worked hours at other locations other than his assigned hours at Lambertville he be paid penalty time for working his assigned relief days at Lambertville; that he also be compensated for relief days at new position when being available and not used at Lambertville on those particular days; and that Young be compensated the usual allowance for car mileage at the agreed upon rate if his car was used as "result of violation."
Relief Operator P. Lewis to be compensated for working one hour, 5 AM to 6 AM, on third tour, and one hour available and not permitted to complete the assigned tour 9 PM to 10 PM; Penalty time for working changed relief days on former assigned relief days;
to the said Agreement and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, First, subsection (f), confers upon the National Railroad Adjustment Board the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of Agreements concerning rates of pay, rules or working conditions". The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the Agreement between the parties to it. To grant the claims of the Employes in this case would require the Board to disregard the Agreement between the parties thereto and impose upon the Carrier conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.
The Carrier has shown that the provisions of the applicable Agreement do not support the Employes' claim for the compensation sought and such claim must fall.
All data contained herein have been presented to the employes involved or to their duly authorized representatives.
OPINION OF BOARD: A careful reading of the record in this case indicates clearly that the Organization, by its statements, has abandoned all of the claim filed with this Board except the final paragraph and has substituted therefor an open compromise offer.
"* * * the question to be decided by your Honorable Board is whether an available regular man is entitled to a 'call', i.e., three hours' pay at the straight time rate of pay, or eight hours' pay at the straight time rate of pay on each day that a trainman was required to protect the movement of his train over the highway crossing at Lambertville during the hours that the block station was not open during the period July 20, 1952, to February 20, 1954, and an extra Block Operator was not available;'
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and