NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Adolph E. Wenke, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The Missouri Pacific Railroad Company failed to comply with
the intent of Rule 2 on the Appendix of the Agreement which
the carrier and the American Train Dispatchers Association
entered into as of August 1 1945, when, for a ten-day period
beginning November 22, 1945, the carrier used an official which
position is not subject to the Agreement, instead of an available trick train dispatcher subject to the Agreement to perform
the work of a chief train dispatcher (now titled division train
master on this property) which position is subject to the Agreement, and
(b) the Missouri Pacific Railroad Company shall now pay to extra
train dispatchers W. P. Rost and D. W. Wilson such amounts
of money as represents the difference between the amounts
they were paid for service on the days here in question and
the amount they would have been paid if the carrier had complied with the intent of Rule 2 of the above mentioned Appendix..
EMPLOYES' STATEMENT OF FACTS:
Effective August 1, 1945, the
parties to this dispute entered into an agreement, known as the Appendix,
which contains various rules, among which are the following:
"1. Chief train dispatchers (now titled Division Trainmasters on
this property) will be accorded two regularly assigned rest
days per month and twelve days' vacation per annum with pay.
When it is impracticable to accord them their relief days and
they are required to work thereon, they shall be either paid
therefor at pro rata rate or accorded accumulation of such
time to be given at some later period within one year at the
Carrier's option; and, further, that within sixty days subsequent
to the Proclamation by the President of the United States of
the cessation of hostilities, they shall be accorded one relief
day per week with pay (leaving the annual vacation as at
present). On such rest and vacation days, chief dispatchers'
(now titled Division Trainmasters on this property) positions,
if filled, will be filled from the dispatchers' roster, if there are
men thereon available, and they will be paid at the rate of
the position relieved.
11041
3711-17
120
OPINION OF BOARD:
There is no distinguishing difference between
the question here involved and that considered in Award 3710. Both involve
vacancies, one permanent and the other temporary, under the same Agreements and life facts. What was said in Award 3710 is applicable here and
controlling. We find the Carrier has not violated the effective Agreement.
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 employe involved in this dispute are respectively carrier and employe 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 the Carrier has not violated the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: H. A. Johnson
Secretary
Dated at Chicago, Illinois, this 17th day of November, 1947.