PARTIES TO DISPUTE:


DISPUTE.='Claim of employees that the management violated the Train Dispatctlers' Agreement July 12 to October 21, 1934, in refusing to provide six days' employment for relief train dispatches, assigned to relief service in the Smithville-Waco offices, and that such relief train dispatcher should be compensated for eactl (lay lost during this period."


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

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

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The parties to said dispute were given due notice of hearing thereon.

Article 3, paragraph (c) of the Agreement effective July 1, 1923, and still in effect reads:

"Where relief requirements regularly necessitate four or more days of relief service per week, relief dispatchers shall be employed and paid the daily rate of each dispatcher relieved, and when not engaged iii dispatching service will be assigned to other service and paid therefor a daily rate commensurate with the service rendered."

Effective Jmmary 25, 1934, position of combination relief dispatcher Smithvine-Bellmead (Warn) was bullethied under the following bulletin:

"Vacancy will exist for combination relief- dispatcher, Smithville and Bellmead, rate, $10.45 per day less ten percent, with the following assignment








"The senior qualified bidder whose bid is received in this office on or before 9: 00 A. Ill. January 31st, 19:34, will be assigned."

Assignment was made under bulletin January 31, 1934, as follows:

The vacancy for combination relief dispatcher, Smitliville and Bellmead, as advertised in my Circular No. 51 of January 25th was bid in and asigned to Mr. A. D. Lancaster."

Evidence shows such bulletined assignment was not cancelled during the period involved in this dispute.



Claim Sustained.
 By Order of Third Division:
Attest
                              Secretary.

Dated at Chicago, Illinois, this 6th day of Julie 1935.

                  (54)

                              Serial No. 4


NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


INTERPRETATION No. 1 TO AWARD No. 43,

DOCKET No. TD-80


NAME OF ORGANIZATION: American Train Dispatchers Association
NAME OF CARRIER: Missouri-Kansas-Texas Lines

 Upon application of the representative of the carrier involved in the above award, that this Division interpret the same in the light of the dispute between the parties as to its meaning, as provided for in Sec. 3, First (m) of the Railway Labor Act, approved June 21, 1934, the following interpretation is made:

 Award No. 43 contemplates that inasmuch as the bulletined assignment for relief train dispatcher six days per week was not cancelled when the working days were changed to five per week, that the relief or extra dispatcher available and entitled to the service on the sixth day, during the period involved, shall be compensated therefor at the dispatchers' rate.

            NATIONAL RAILROAD ADJUSTMENT BOARD

            By Order of Third Division


ATTEST: H. A. Johnson
 Secretary

 Dated at Chicago, Illinois, this 8th day of July, 1935.