NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
PACIFIC ELECTRIC RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that the Pacific Electric Railway Company violated and continues
to violate the Agreements, effective November 1, 1936, between the Pacific
Electric Company and the American Train Dispatchers Association, To Govern the Hours of Service and Working Conditions of Terminal Foremen:
(1) When it refused and continues to refuse to properly title,
rate and classify three positions in the State Street Yard office as
Terminal Foremen under the provisions of Article 1 (a) and (b) and
Article 4 (e).
(2) The three positions in the State Street Yard office, with
hours 8:00 A.M. to 4:00 P.M., 4:00 P.M. to 12:01 A.M. and 12:01 A.M.
to 8:00 A.M., to which all the work and duties of terminal foremen
covered by the Terminal Foremen Agreement (A.T.D.A.) have been
assigned, shall now be properly classified and titled Terminal Foremen and filled under the requirements of Article 5 (f) and (g), and
(3) That the extra Terminal Foremen affected by all violation
shall now be compensated (under Article 5) for all time lost from
August 15, 1943, the date the request was presented to the carrier,
until the positions are properly titled, classified and filled.
EMPLOYES' STATEMENT OF FACTS: There is an agreement between
the Pacific Electric Railway Company and the American Train Dispatchers Association, governing the Hours of Service and Working Conditions of Terminal
Foremen, effective November 1, 1936. Article 1 Scope, of said Agreement
reads as follows:
"(a) This agreement shall govern the working conditions of
Terminal Foremen.
"(b) When classification does not conform to this Article, employees performing service in the class specified shall be classified
accordingly."
Article 4 (e) reads as follows:
"The wages for new positions shall be the same as the wages
for positions of equal scope and responsibility in the district where
created."
Article 5 (f) and (g) reads as follows:
"(f) Vacancies and new positions known to be of six (6) months
duration or more will be filled as follows:
[2577
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OPINION OF BOARD:
In view of the holding in Award 2963, Docket
CL-2712, disposing of the question, this claim will be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That claim will be dismissed in accordance with Opinion.
AWARD
Claim dismissed in accordance with Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson,
Secretary
Dated at Chicago, Illinois, this 29th day of May, 1946.