NATIONAL RAILROAD AW'0STMENT HOARD
THIRD DIVISION Docket Number SG-2
4534
Edward L. Suntrup, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAz: "Claim of the General committee of the Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation
(former Lehi& Valley Railroad):
SYSTEM DOCKET
1604
ATLANTIC REGr0N_
Grievance on behalf of all Brotherhood of Railroad Signalmen employees throughout the Conrail System
and especially those in CRC Seniority Districts
4, 8,
10 and 11, whose seniority in the Signal Mechanics
class was changed on the
1980
rosters far those districts
by
a letter of interpretation dated July 20,
1979,
by
J. R. Walsh, Senior Director of Labor Relations. That ,
letter related to modification of the Training Agreement of December
14, 1976."
OPINION C&' BOARD: Claim before the Board centers on Carrier memo of July 20,
1979
signed by General. Chairman B. E. Britcher, which is
a letter of interpretation of the intent of a letter of June 21,
1978,
signed
by four General Chairmen of the Organization which, in turn, was an in',,,erpretation of a Training
The merits of the instant case before the Board notwithstanding, the
record shows that the intent of claim does not center on the interpretation of
contracts, which alone falls under the jurisdiction of the National Railroad
Adjustment Board. This dispute involves the validity of an Agreement, not its
meaning, and by reference to First Division Awards
21459; 21460; 23135
and
Supreme Court Decisions BRT v Howard
(343
U.S.
768)
and Falter v Southern Pacific
(359
U.S.
326)
this Board has no jurisdiction herein to resolve issue at bar. Nor
does the Board have authority to question credentials of those who are signatory
to Agreements protected by the Railway Labor Act. ?hat a valid Agreement herein
exists is supported by the record by reference, inter alia, to Organization's own
Exhibits 12 and
24.
FINDS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
I I, I
Award Number
244:54
Page
2
Docket Number
3G-24534
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 barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJDS2WT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
Natioml Failroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago., Illinois, this 29th day of June
1983.
i~
Ir
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