STATEMENT OF CLAIM: (Claim-G) Claim of the American Train Dispatchers Association that:
(1) The Missouri Pacific Railroad Company violated the rules of its Agreement with the American Train Dispatchers Association when, during the period of September 9 and October 23 1949, both dates inclusive, this Carrier caused the chief train dispatcher and the second trick assistant chief train dispatcher, respectively to work twelve (12) hours per day, and thereby prevented the regularly assigned third trick assistant chief train dispatcher, Mr. A. K. Boyce, from performing the duties of that position which he had acquired in accorance with the provisions of the Agreement, and,
(2) The Missouri Pacific Railroad Company shall now compensate the said A. K. Boyce in the amount of *$689.70 which represents the monetary lose he sustained by reason of this Carrier not permitting him to perform the duties of his position for a period of 33 actual working days at $20.90 per day.
EMPLOYES' STATEMENT OF FACTS: An agreement on rules governing rates of pay, hours of service and working conditions of train dispatchers, between the parties to this dispute was in effect at the time this dispute arose. A copy thereof is on file with this Board and is, by this reference, made a part of this submission as though fully incorporated herein. The scope of said agreement pertinent to the instant dispute reads as follows:
It is further the position of the Carrier that in view of the fact it retained an officer on the payroll, viz: Division Trainmaster, at Jefferson City, and, further, in view of the peculiar circumstances concerning the Assistant Chief Dispatcher, Mr. Hopkins, who was formerly Division Trainmaster assigned nights, being kept on te payroll by the Carrier during the period of the strike, such did not place a requirement on the Carrier to retain the position of ssistant Chief Train Dispatcher which was formerly occupied by A. K. Boyce.
It is the very definite position of the Carrier that there was no work performed as Assistant Chief Dispatcher by either the Division Trainmaster or Assistant Chief Dispatcher Hopkins during this period.
The Carrier believes that in all fairness to the railroad the Board should refuse to recognize this claim as a claim which is properly before the Board and, further, that if the claim is to be recognized and handled by the Boar the American Train Dispatchers Association should be required to state in detail the basis of the claim and its reasons for its failure to file claims in the proper manner and progress them through the regular channels, and that the Carrier be granted ample time in which to prepare a submission or statement in connection therewith.
OPINION OF BOARD: The issues and principles decisive of this case have been fully discussed and determined in Award No. 5445, decided currently herewith. Therefore, based on what is there said and held the claim must be dismissed without prejudice. It is so ordered.
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 the claim be dismissed for the reasons and upon the grounds stated and set forth in the Opinion of Award No. 5445.