NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25888
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF
CLAIM:
"Claim on behalf of S. E. Ladd and D. C. Noirot for time and
expenses during the months of December 1981 and January 1982.
Carrier files SG-BVE-82-1, SG=BVE-82-3, SG=FTW-82-9 and SG-FTW-82-9."
OPINION OF BOARD: Prior to December 1981, Claimants had been assigned by
Carrier to work together as a two-man crew. Effective that
month, they were directed to separate and test relays individually. Claimants
filed a claim seeking compensation for time and driving expenses.
The Organization alleges that under Section 1(b) of Article VIII of
the Merger Agreement of January 10, 1962, employes may not be placed in a
worse position with respect to compensation, rules, working conditions, fringe
benefits, or rights and privileges pertaining thereto, at any time during
their employment.
Carrier responds that the instant claim is improperly before this
body, since the Board lacks jurisdiction over merger connected matters, and
Claimants cite a violation of the Merger Agreement of January 10, 1962, as the
basis for their claim.
The Board must agree with Carrier. The Merger Agreement, in
Section I, Paragraph (d), contains its own disputes procedure. The only
option available to an aggrieved party (in the event that a dispute cannot be
resolved by Carrier and the Organization) is to advance the claim to an
arbitration committee. No provision is made for a hearing before the National
Railroad Adjustment Board.
For this reason, the Board lacks jurisdiction to consider the claim.
It consequently must 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;
Award Number 25921 Page 2
Docket Number SG-25888
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
E
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1986.
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