STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad Company:
On behalf of Messrs. H. E. Hogg, L. Huarache, A. W. Borm, C. J. Ingram W. W. Ingram, M. J. Rothenberger, C. F. Ripp, and J. L. Alexander, employes of Roster No. 5, Eastern District Signal Gang 3323 (3120), that they be paid the benefits to which they are entitled under Sections I-A-1, I-B-3 and I-C-1 of the Award of Arbitration Board No. 298, for the periods of November 7, 1967 to October 14, 1968, and November 15, 1968 to April 21, 1969. (Carrier's File: A-10425)
E33IPLOYES' STATEMENT OF FACTS: Arbitration Board No. 298 was constituted and established pursuant to an Agreement between several labor organizations including the Brotherhood of Railroad Signalmen, and the National Labor Conferen^e representing the Carriers, including the Union Pacific Railroad Company. On September 30, 1967, that Arbitration Board adopted an Award which is by reference made a part of the record herein.
Article V of the award afforded the Organization parties the option of accepting any or all of the benefits provided in the award or of continuing in effect any or all of the provisions of the existing agreement thereof. Such options were to be spelled out by the respective organizations on or before December 31, 1967, later extended to January 15, 1968 and subsequently extended to February 1, 1968.
Accordingly, the General Chairman on November 21, 1967, addressed a letter to the Carrier's Chief Engineer (Brotherhood's Exhibit No. 8) informing him of the Brotherhood's option of acceptance as follows:
In the exercise of our option, we desire to retain those portions of current rules of the working agreement which provide greater benefits than intended by provisions of the Arbitration Award."
Engineer on September 24, 1969) General Chairman Wollbrinck appealed the claim to the Carrier's Chief Engineer R. M. Brown. Copy attached as Carrier's Exhibit D.
By letter dated October 21, 1969, Chief Engineer Brown declined the claim to General Chairman Wollbrinck. Copy attached as Carrier's Exhibit E.
By letter dated December 5, 1969, Chief Engineer Brown confirmed conference with General Chairman Parsons, which was held on December 4, 1969 reiterating his declination of the claim. Copy attached as Carrier's Exhibit F.
General Chairman Parsons further corresponded with Chief Engineer Brown relative to the subject matter by letter dated February 7, 1970. Copy attached as Carrier's Exhibit G. The subject matter was discussed in several subsequent conferences between Chief Engineer Brown and General Chairman Parsons.
OPINION OF BOARD: The claim herein alleges a violation by the Carrier of the Award of Arbitration Board No. 298. The Petitioner states in its submission that:
The Carrier contends that it did not violate any provision of the schedule agreement or of the Award of Arbitration Board No. 298.
The Board's attention has been called to Section 8(m) of the Railway Labor Act and to Paragraph 14 of the arbitration agreement leading up to Award No. 298, which reads:
In recent Awards 17845, 18485, and 18577 this Division, with three different referees participating, held that any differences arising as to the meaning or application of the Award of Arbitration Board No. 298 were within the exclusive jurisdiction of Arbitration Board No. 298 and outside the jurisdiction of this Division. We consider those awards to be sound, based upon the law and the arbitration agreement. They are controlling herein and the claim will be dismissed without prejudice for lack of jurisdiction.