NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION N0. 1 TO AWARD N0. 28269
DOCKET N0. CL-28706
NAME OF ORGANIZATION: Transportation Communications International Union
NAME OF CARRIER: CSX Transportation, Inc.
From the documents presented and the arguments made at the Hearing
relative to the request for Interpretation by the Organization, it appears
that there is some confusion as to the intent of the Award. The thrust of
the request for Interpretation appears in the February 25, 1992 letter from
Organization:
"The Organization contends that to fully comply
with Award No. 28269 the Carrier must return the
disputed crew transporting work at Chattanooga,
Tennessee, to the clerical forces in accordance with
Rule 13 (b) or, in lieu thereof, provide the Organization with two hours pay per shift until the dis
The Carrier has refused to return the disputed
work of transporting crews to the clerical forces."
As an additional indication of the nature of the request for Interpretation, the Organization, i
Carrier has met their monetary obligation in the resolution of the dispute."
It must be emphasized that this Board has no jurisdiction or authority with respect to enforceme
Courts only. Further, the Board has no injunctive powers either. As an additional point, the parties
post-award factual material or evidence in an Interpretation such as this.
Also, we cannot consider any Agreements reached following the rendition of the
Award.
In the Award we found that the Carrier violated both the Scope Rule
and Rule 13(b) by assigning crew hauling work to the Yellow Cab Company (which
had previously been performed by Yard Clerks) instead of distributing that
work to remaining clerical positions at the location. As a remedy, we ordered
the Carrier to pay two hours per shift, as compensation for the losses suffered, until the work i
clear and unequivocal and is hereby reaffirmed.