NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21938
(Dalbert C. Johnson
( and
(Vancel E. Lind
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range
( Railway Company
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of our
intention to file an ex parte submission on January 5, 1977, covering
an unadjusted dispute between us and the Duluth Missabe & Iron Range Ry.,
involving the question:
Time claim for being laid off in motor car shop of which
has been B & B work for over 30 years.
Time claim for improper lay off notice from motor car shop.
Time claim for refusing me, Dalbert Johnson, the right to
bump swing loader operator at ore docks.
Track department violating truck driving and welding rules.
Pay raises for track department mechanics and machine
operators only.
Tools furnished for track department mechanics only.
Supplement #7 is a job protection agreement and is not to
be used unless job protection is involved which is not the
case in Proctor repair shop.
We want the motor car repair work back in B & B where it
has been for aver 30 years.
OPINION OF BOARD: Careful examination of the entire record,. which
includes submissions of the Petitioners (individuals)
and Respondent Carrier, discloses that this dispute is not one over
which this Board has jurisdiction. The record discloses that the dispute
is an articulate expression of Petitioners' dissatisfaction over the
terms and provisions of Agreements between Respondent Carrier and the
Brotherhood of Maintenance of Way Employes.
Award Number
21025
Docket Number MS-21938
Page 2
Section 3, First (i) of the Railway Labor Act confines the
jurisdiction of the National Railroad Adjustment Board to disputes
concerning "the interpretation or application of agreements concerning
rates of pay, rules, or working conditions." The Board has no jurisdiction to consider allegations c
entered into under provisions of the Railway Labor Act. An individual's
expressed dissatisfaction with the terms and provisions of such
Agreements, and allegations that Agreements are illegal or discriminatory
without even a hint of allegation that the Agreement is not being
properly applied, clearly constitutes a case over which the Board lacks
jurisdiction. See Awards 13830, 19142 and 20078. This dispute involves
the validity of the contract - not its meaning. Accordingly, the Claim
will be dismissed.
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;
The Board lacks jurisdiction.
A W A R D
Claim dismissed.
ATTEST:
ae
pv &ZoAe
Executive Secretary
CLPAR
J.
B
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this
28th
day of February
19,'3.