ADJUSTMENT BOARD HAS NO JURISDICTION OVER DISPUTES NOT GROWING OUT OF GRIEVANCES OR INTERPRETATIONS OF AGREEMENTS (55)

Third Division Award No. 27811 (Zusman)

"This issue is well beyond the Board's jurisdiction. We have no authority to consider any issues which do not derive from 'disputes... growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions...' No Agreement provision was alleged violated. The grievance is not properly before us as encompassed by Section 3, First (i) of the Railway Labor Act. As such, the Claimant's allegations may not be examined or considered by this Board."

First Division Award No. 24098 (Benn)

"The jurisdiction of this Division is limited by Section 153, First (i) of the Railway Labor Act, as amended, to disputes or grievances growing out of the interpretation or application of Agreements between Carriers and their employees. There is no contractual Agreement between the parties in the instant dispute, therefore there are no Agreement rules to interpret or apply. Consequently, there is no basis for proceeding before this Board, and we have no alternative but to dismiss the Claim. See First Division Awards 23909, 21870, and Fourth Division Awards 4507, 4513, 4548

"Claim dismissed."

Second Division Award No. 12176 (Roukis)

"In considering these arguments within the context of our Rules and the applicable portions of the Railway Labor Act of 1926 as amended, we are constrained to dismiss the Claim for want of jurisdiction. Since we are empowered to adjudicate disputes between labor organizations and carriers, with respect to the interpretation or application of collective bargaining Agreements, and since no provision of a collective bargaining Agreement has been cited as violated, we have no basis for determining whether a definable grievable action exists. This is a procedurally defective Claim and not properly before us."

Third Division Award No. 30480 (Suntrup)

"This Board has no authority to interpret federal law. Its jurisdiction is limited to questions arising out of the interpretation and application of labor Agreements (See Second Division Award 6462; Third Division Awards 19790, 20368). Such must be underlined since the parties raise the issue of the Board’s jurisdiction in a case such as the instant one."