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.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation Company (former
( Atlanta and West Point Railroad)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (A&WP):
Claim on behalf of F.S. Eddings, Jr. for payment of the difference in pay
between his protected rate of Signal Foreman and the rate of Signal
Maintainer following the abolishment of the Claimant's Foreman position
on July 9, 1992, account Carrier violated the current Signalmen's
Agreement. particularly Article VII of the National Agreement of June 4,
1991, when it refused to implement the terms of the 1991 Agreement after
it placed the Claimant in a worse position with respect to his rate of pay.
Carrier's File No. 15(92-59). General Chairman's File No. FL-92-2S. BRS
File Case No. 9142-AWP."
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?
96-3-93-3-607
Parties to said dispute were given due tice of hearing thereon.
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:
"ARTICLE VII - PROTECTED EMPLOYEES
(a) Article I, Section 1 of the February 7, 1965 Agreement shall be
amended to read as follows:
`Section 1 - All employees, other than seasonal employees, who were
in active service as of the date of this Agreement or who subsequently
return to active service and who had ten (10) or more years' employment
relationship as of the date of this Agreement will be retained in service
subject to compensation as herein provided unless or until retired.
discharged for cause, or otherwise removed by natural attrition. For the
purpose of this Agreement, the term "active service" is defined to include
all employees working, or holding an assignment, or in the process of
transferring from one assignment to another (whether or not the date of
this Agreement was a work day).'
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
amended to read as follows:
`Section 2 - Seasonal emplovees, who had compensated service
during each of the years 1988, 1989 and 1990 who otherwise meet the
definition of "protected" employees under Section 1 will be offered
employment in future years at least equivalent to what they performed in
1990, unless or until retired, discharged for cause, or otherwise removed
by natural attrition.'
(c) Article V, paragraph 2, shall be amended to change the reference
of
a four hundred dollar (S400) transfer allowance to eight hundred dollars
._
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.
AWARD
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.