Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33508
Docket No. MS-34009
99-3-97-3-525
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
(Douglas Harold Hartzell
"The National Railroad Passenger Corporation ordered other employees
as well as myself to operate refrigerated Commercial Vehicles. In general,
four complete transports of tobacco, alcohol, and miscellaneous freight
were made per shift via Los Angeles Union Station to the Los Angeles
Catering Services Department. The Carrier did violate the laws adhering
in compliance with the Federal Code of Regulations, Chapter Forty-Nine
(49).
Why did the National Railroad Passenger Corporation order employees to
operate Commercial Vehicles, Class B, disregarding the State of California
Department of Motor Vehicles' taxed written and performance exams
required in compliance with the Federal Code of Regulations, Chapter
Forty-Nine (49)?
REMEDY:
The following entities are to receive the following percentage of the total
Remedy amount:
Remedy Amount: $2,117,000.00
(1.) Torrence Court second floor Traffic Division and Room 170C only.
Remedy amount allotted solely by the Honorable Municipal Judge Joshua
Fredericks or the Los Angeles County Court Honorable 4th District Board
Supervisor.
Form 1
Page 2
FINDINGS:
Award No. 33508
Docket No. MS-34009
99-3-97-3-525
Remedy: 10.5%
(2.) The State of California Police Activities League
Remedy: 8%
(3.) Manhattan Beach Community Church
Remedy: 10%
(4.) H. J. Scott
Remedy: 6%
Transportation Communication Union consisting of AFL-CIO
Remedy: 35.5%
(6.) Redondo Beach Unified School District
Remedy: 30%"
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 and 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.
Parties to said dispute were given due notice of hearing thereon.
Form 1
Page 3
Award No. 33508
Docket No. MS-34009
99-3-97-3-525
After thorough review of the record the Board has determined this claim is
outside the authority of its jurisdiction. The Claimant is not an employee of the Carrier,
the claim does not involve a Rules violation, the Claimant alleges violations) of federal
statutes and the Claimant seeks reinstatement. The Board takes note of the following
Awards:
In Third Division Award 19926 the Board stated in part:
"... Claimant alleged violations of various Federal Statutes as well as a
violation of the Merger Protective Agreement in this Claim. This Board
is not empowered to interpret or enforce Federal Laws; its jurisdiction is
limited to disputes coming under the Railway Labor Act . . . :'
Third Division Award 10963 also addressed this issue as follows:
" . . . The RLA is a unique statute which the Congress, in its wisdom,
deemed necessary to the protection of public interest "to avoid any
interruption to commerce or to the operation of any Carrier growing out
of any dispute between the Carrier and the Employes thereof' [RLA Sec.
2, First]. To effectuate the policy, the Act creates the National Railroad
Adjustment Board as a quasi-judicial agency and vests it with certain
delegated authority [RLA Sec. 3]. For the Board to exceed such authority
would be ultra wires; it is not free to dispense its own brand of justice."
The Board has no authority to grant the remedy Claimant seeks, nor does it have
the authority to reinstate an employee dismissed without a possibility of return to service
-- in accordance with the holding of a separate Special Board of Adjustment. Thus, the
Board has no choice but to dismiss the claim.
AWARD
Claim dismissed.
Form 1
Page 4
Award No. 33508 __v
Docket No. MS-34009
99-3-97-3-525
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 22nd day
of
September 1999.