NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25728
Stanley L. Aiges, Referee
(Thomas J. Ryder and John F. Heaphy, Jr.
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
We the undersigned wish to establish seniority in the classification
of Inspector.
OPINION OF BOARD: The Petitioners here are Employes of the Carrier's Signal
Department. They protest the failure to list their names
on the Signalman Roster for Seniority District 1 (revised 3/12/82) with
seniority in the classification of Inspector. Their protest, it is clear,
arises out of the fact another employe's name (D. Noyes) so appears on that
roster. Noyes' name appears there as the direct result of an agreement reached
between Representatives of the Carrier and the Employes (i.e., Brotherhood of
Railroad Signalmen). They reached that decision in System Docket 1722 in
accordance with the terms of Item 1 of Appendix "R". Their decision was based
upon their belief that Noyes had previously held an Inspector position on
former B&A territory. Significantly, the contracting parties later revisited
the facts in Mr. Noyes' case and decided that he was improperly granted
Inspector seniority pursuant to Item 1 of Appendix "R"; therefore, his proper
seniority date in the Inspector class was changed from August 30, 1976 to
September 7, 1982, pursuant to Rule 3-B-2.
The Agreement of the Parties to place Noyes' name on the disputed
seniority roster is a valid one. It simply is not subject to attack here. It
is, in our view, final and binding on all concerned.
We note, moreover, that Petitioners' claim does not allege that
Noyes' inclusion on the disputed seniority roster violated any specific
provision of the Agreement. It does not, in short, center upon the
interpretation of the contract between the Parties. Accordingly, it does not
constitute a dispute "growing out of grievances or out of the interpretation or
application of agreements concerning rates of pay, rules and working conditions.
Yet, it must in order for this Board to establish jurisdiction under Section 3,
First (i) of the Railway Labor Act.
Under the circumstances, this claim must be denied.
FINDINGS: 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:
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;
Award Number 25543 Page 2
Locket Number MS-25728
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1985.