The above duties were formerly assigned to a Cashier's position which was covered by the Clerk's Agreement. Effective November 1, 1943, the position of Clerk-Telegrapher was transferred from Hillside, N. J. to Irvington, N. J. Some of the above duties were assigned to the position of Clerk-Telephoner which is covered by the Telegraphers' Agreement.
(2) The following clerical duties are performed each day by Agent Walsh, a supervisory position excepted from all rules of the Clerks' Agreement:
That the parties to this dispute, the Brotherhood of Railway and Steamship Clerks and the Lehigh Valley Railroad, attended an oral hearing thereon on April 7, 1953:
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 no jurisdiction over the persons involved herein who have not been given notice of the hearing.
That this Division of the Adjustment Board has jurisdiction by law over all the classes of employes and the dispute involved herein.
That the claim should be dismissed without prejudice for lack of jurisdiction over the person not notified.
Claim dismissed without prejudice and in accordance with the Opinion and findings.
This dispute remains unadjusted and it is now respectfully resubmitted herewith for Adjudication on the merits of the claim as originally made.
On November 1, 1943 when the position of Clerk-Telephoner was transferred from Hillside, N. J. to Irvington, N. J. positions subject to the scope and operation of the Clerks' Agreement at Irvington, N. J. consisted of:
The employes coming within the scope and operation of the Clerks' Agreement on January 11, 1960 at Irvington, N. J. consisted of: 9255-24 8 7 6
the Clerks and Telegraphers as to the right to the jobs in question becomes justiciable and that the Third Division now lacks jurisdiction in determining the merits of such controversy on account of the lack of indispensable parties, to-wit, the Telegraphers.
OPINION OF BOARD: It is undisputed that the claim before us is a resubmission of the identical dispute that was dismissed "without prejudice" by this Division on February 11, 1954 in Award 6482.
The Carrier maintains that Award 6482 constitutes a final and binding disposition of the dispute and that the words "without prejudice" do not permit the identical claim to be passed upon a second time by the Board. The point has been ruled upon by the Board and there is no question but that its awards support the Carrier's contention. See Award 9025 of this Division and Interpretation No. 1 to Award 1740 of the Second Division. While this Referee considers the use of the words "without prejudice" unfortunate if they were intended to convey the meaning urged by Carrier, he is inclined to follow precedent on the point in issue, particularly in view of the Railway Labor Act's requirement that where no money award is concerned, as in the present case, the Board's "awards shall be final and binding upon both parties to the dispute."
It is accordingly our opinion that the Board has no jurisdiction over the claim before us in view of Award 6482,
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; and