Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31778
Docket No. SG-31602
96-3-93-3-607

The Third Division consisted of the regular members and in addition Referee James E. Mason when award was rendered.


PARTIES TO DISPUTE:
(CSX Transportation Company (former
( Atlanta and West Point Railroad)

STATEMENT OF CLAIM:



FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier or employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Form I Award No. 31773
Page 2 Docket No. SG-3160?




This claim involves an application of the protective provisions of the National Agreement of February 7, 1965, as amended by the provisions of Article VII of the National Agreement dated June 4, 1991. There is no disagreement between the parties relative to the fact situation which exists in this dispute.


The Organization insists that the 1991 amendments to the 1965 Employee Protection Agreement support the claim as made. It argues that this dispute involves an interpretation of the 1991 Agreement and that this Board has jurisdiction to interpret the 1991 Agreement.


The Carrier contends that the 1991 amendments to the 1965 Employee Protection Agreement have been complied with as they apply to the Claimant and that. in any event, this Board lacks jurisdiction to interpret any of the provisions of the 1965 Agreement in any form including the 1991 amendments thereto.


There is no question but that Article VII of the June 4, 1991 Agreement did, in fact, make revisions in the provisions of certain portions of the February 7, 1965 Agreement. The language of Article VII of the June 4, 1991 Agreement is clear and explicit. It reads as follows:





Form 1 Award No. 31778
Page 3 Docket No. SG-31602
96-3-93-3-607
(b) Article I, Section 2, of the Februarv 7, 1965 Agreement shall be




For this Board to render a decision on the merits of this dispute would require that we make an interpretation of the provisions of the February 7, 1965 Agreement, as amended. Clearly, such authority is not vested with this Board which has consistently refused to accept jurisdiction in situations which are subject to explicit dispute resolution procedures of other negotiated agreements such as the February 7, 1965 Agreement. Some of the many decisions in this regard are Third Division Awards 28219, 27103, 27100, 26006 and 23043. Therefore, this claim is dismissed for lack of jurisdiction.




      Claim dismissed.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 20th day of November 1996.