THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Chicago Great Western Railway that:
EMPLOYES' STATEMENT OF FACTS: On or about July 1, 1958, Mr. G. L. Grimley, Signal Inspector with assigned headquarters at Oelwein, Iowa, was promoted to the position of Signal Supervisor, leaving a vacancy on the Signal Inspector position.
On July 15, 1958, Local Chairman IL E. Van De Walker wrote Chief Engineer A. E. Smith and requested that the position of Signal Inspector at Oelwein, Iowa, be bulletined on account of the position being vacated as a result of Mr. Grimley's promotion.
Under date of July 17, 1958, Chief Engineer Smith wrote Local Chairman Van De Walker, as follows:
In view of the fact that the Signal Inspector position had not been abolished, Local Chairman Van De Walker again wrote Chief Engineer Smith, as
It is respectfully submitted that the National Railroad Adjustment Board, Third Division is required by the Railway Labor Act to give effect to said Agreement which constitutes the applicable Agreement between the parties and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, subsection (i), 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 claim of the Employes in this case would require the Board to disregard the Agreement between the parties hereto 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 any such action.
Carrier has established that there has been no violation of the applicable Agreement, and Petitioner is not entitled to relief claimed.
Therefore, Carrier respectfully requests that this Board deny the claim of the Employes in this matter.
OPINION OF BOARD: In view of our decisions holding that the Board has no power to restore positions, part (2) of the claim cannot be sustained. It follows that a decision as to the merits of part (1) of the claim would be academic. The claim will, therefore, be dismissed.
FINDINGS: The Third Division of the Adjustment Board, 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