BOARD DOES NOT HAVE
AUTHORITY TO ORDER REESTABLISHMENT OF JOBS (140)
Second Division Award No. 10708
"In addition, the Railway Labor Act does not confer authority upon us to grant injunctive relief. Here the Organization does not seek monetary reimbursement for individual claimants for work performed by employees who are not members of their craft. Instead, the Organization demands the creation of a new position, a form of injunctive relief, and therefore beyond the authority of the Board. Accordingly the Board cannot grant the claims sought by the Organization in this case."
Third Division Award No. 30413 (Mason)
"In this dispute, the Board has no problem accepting the Organization's argument relative to the absence of a requirement to prove exclusivity of performance in a 'position or work' Scope Rule. That principle, however, does not come into play in this case. Here the necessity for manual track checks was replaced with a camera and a computer. The necessity for manual track checks by Clerks ceased to exist. It was not assigned to any other group of employees.
As for the Organization's demand that the Board order the re-establishment of the abolished positions, we need not elaborate in detail on this issue inasmuch as our decision on this dispute has already been set forth. We do note, however, that Boards established under Section 3 of the Railway Labor Act, as amended, lack authority to grant injunctive relief and, therefore, may not properly order the restoration of abolished positions. This principle finds support in Second Division
Award 10708 as well as Award 83 of Public Law Board No. 1790 and
Award 6 of Public Law Board No.
For all of the reasons set forth herein, the Claim is denied."