7 44-t

1. Carrier violated the Agreement, along with Public Law Board No. 2470, Award No. 148, when it failed to comply with decision rendered in said award.

2. Because of the above violation, Carrier shall now compensate the Senior Available Clerk, Guaranteed Extra Board, in preference, one (1) days' pay at the applicable rate, to begin on February 11, and shall continue on a daily basis until claim is settled, Law Board Award is complied with, and work returned to the clerical craft as stated in Public Law Board Award."

violated the parties' Agreement when it failed to comply with an Award of Public Law Board No. 2470. Carrier maintains, inter alia, that it did comply with Award 148, PLB 2470, but, further the Board lacks jurisdiction to consider this issue because Paragraph (p) of Section 153 of the Railway Labor Act makes it clear that any failure to comply with an Award of the Board is to be resolved through petition to the United States District Court.

Paragraph (p) reads in pertinent part:

"If a carrier does not comply with an order of a division of Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States... a petition setting forth briefly the causes for which he claims relief ...."

With this the Board agrees. Clearly, it is not within our scope of authority to enforce Awards. Congress delegated this responsibility to the Courts. If the Organization harbored the notion that Award 148, PLB 2470 was not being complied with, appropriate recourse was open to it to pursue the failure to comply through court action.

The organization contends though, that Carrier did not raise the defense that the Board lacked jurisdiction over the issue in the Statement of Claim until after the matter had been docketed with this Division. Thus, it is new argument which, under our Rules, cannot be considered. This Board has long subscribed to the premise that matters that have not been dealt with on the property cannot be advanced for the first time before the Board. However, an exception to this general proposition is in place. And that exception concerns challenges to jurisdiction. Jurisdictional challenges, as opposed to procedural challenges, may be raised at any time. A failure to raise jurisdictional challenges on the property does not foreclose their consideration after the matter is placed before the Board. In this regard see Third Division Award 27575, wherein the Board stated:

"The Organizations contention that the jurisdictional issue cannot be considered because it is new argument raised for the first time before this Board is not wellfounded. This Board has over the years held that jurisdictional issues can be raised at any time. See Third Division Awards 8886, 9189, 10956, 16786, 19527, 20165 and 20832."

A W A R D