David P. Twomey, Referee


          (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

! (Southern Pacific Transportation Company (Pacific Lines)

          STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail

          road Signalmen on the Southern Pacific Transportation

          Company that:


          (a) The Southern Pacific Transportation Company violated NMB Case A-8811 and A-8811 Sub 1, by failing and/or refusing to allow Mr. R. R. Dunivan the retroactive pay p for Carrier from January 1, 1970 to May 31, 1971.


          (b) Mr. R. R. Dunivan promptly be allowed the retroactive pay provided by Joint Resolution S. J. Transportation Company during period January 1, 1970 through May 31, 1971.


                  /Carrier's File: SIG 188-22-1/


          OPINION OF BOARD: The Claimant alleges that he was improperly denied retro

          active pay for the period of January 1, 1970 to Nov. 23,

          1970 in violation of NMB Case A-8811 and A-8811 Sub 1 and the Joint Resolution

          of Congress of Mav 18, 1971. The Claimant contends that there are no excep

          tions as to who should receive the retroactive pay in the Joint-Resolution which

          could serve to exclude him from receiving such back pay, even though he volun

          tarily resigned from service on November 23, 1970 and returned to work with


i
                        Carrier on January 17, 1971.


          In order for Claimant to prevail before this Board, he must show an Agreement violation. The pertinent agreement, Mediation Agreement, Article I, Sec. 9(c)-(4), provides:


                  "(4) All employees who had an employment relationship after December 31, 1969 shall receive the to which they are entitled under Article I regardless of whether they are now in the employ of the carrier except persons who prior to the date of this Ag left the service of the Carrier other than to retire or who have failed to respond to a call-back to service to which they were obligated to respond under the rules agreement." (emphasis supplied).


          Under the clear terms of the above quoted provision, Claimant who voluntarily left the service of the Carrier on November 23, 1970, is not entitled under the Agreement to the retroactive pay in dispute.

                Award Number 20368 Page 2

                Docket Number SG-20072


Claimant's case before us rests on the contention that the Joint Resolution of Congress gave him rights distinct from the above discussed Agreement rights; and this claim is before us seeking enforcement of these legislatively created rights.

 It is unquestionably settled that this Board is not empowered to interpret the laws of Congress. This Board has no discretion in this matter nor may we advise parties as to optional courses to pursue. The Claimant shall not be predjudiced by this decision.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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

        That claim is denied without predjudice.


                    A W A R D


        Claim denied without predjudice.


                          NATIONAL RAILROAD ADJUSTMENT BOARD ,1414 By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 23rd day of August 1974.