NATIONAL RAILROAD ADJUSTMENT BOARD 1
 j Award Number 20764







              1. Carrier violated the current Clerks' Agreement commencing February 25, 1972 when it removed the lighterage work from the Harlem River Lighterage Dock at Harlem River, New York from the employees covered by the Scope of the Agreement by diverting lighterage work from Harlem River Lighterage Dock to Greenville Piers, New Jersey.


              2. All of the work referred to in (1) above shall be returned to the Group I and Group II employees of the Harlem River Lighterage Dock seniority district at Harlem River, New York. v

              3. Group II employees, York Wright, Riley Geddis, J. B. Jones, E. J. Spicciati, Zollie Mathews and a Group I employee, A. Maslin, Assistant General Foreman, compensated for eight (8) hours pay per day et the protected rate of their assigned positions, including all subsequent general wage increases, commencing February 25, 1972 an


',,r OPINION OF BOARD; By Bulletin, dated February 15, 1972 Claimants' posi-
              tions at Carrier's Harlem River literage facility

              were abolished as of February 24, 1972. The reason given for the action

              was a decrease in business; the remaining literage work was rerouted to

              Greenville, New Jersey where the bulk of the Carrier's literage freight

              was handled. At Greenville the handling of literage freight had been

              performed for many years by a contractor's employees who are represented

              by the International Longshoremen's Association.


              Petitiornr argues that the action of Carrier in this dispute violated the Scope Rule of the Agreement as well as the Merger Apreement. Be Fore we may consider the merits and remedy reque3ted, Carrier raises the issue of jurisdiction. With respect to the alle3ed violation of the Merber Protective Agreement this Board his in a number of recent Awards taken the poeltion repeatedly that it has :u authority to inject itself

                Award Number 20764 Page 2

                Docket Numbs: CL-20580


into disputes involving Merger Protective Agreements wherein there are arbitration procedures established (see for example Awards 20289, 19950 and 19926). In this diapute, we reaffirm that position.

 With respect to the Scope Rule, Petitioner urges that Carrier had no right to assign the work in question to employees of another craft . namely the Longshoremen employed by the centcactor - and should return the work to the Harlem River facility. This contention completely parallels the dispute dealt with by this Board in 1940 involving the Organization herein and the Longshoremen in the New York harbor as set forth in Award 1184. In that Award the Board in effect suspended the application of the scope rules of Agreements between the Organization and various Carriers operating is the New York harbor until such time as the jurisdictional dispute between the Clerks and the Longshoremen over freight handling at varioua piers ia. the harbor area, was settled. That dispute is still not settled and G,: must, as the Board did in Award 1184, dismiss the Claim herein.

 Pug L..a reasons discuaat,1 nave, :t is apparent that this Board does not have jurisdicLion to consider 6-a-, Cia" involved herein= it must be dieuuizsed.

        FINDINGS: The 'third Division of the Adjustment Board, upon the whole record and all the evid:uce, findo and folds:


        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 the Board does not have jurisdiction over the dispute herein.


                  A W A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST
            LAM,& wo

        Executive ecretary


Dated at Chicago, Illinois, this 18th day of July 1975.