NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
LeRoy A. Rader, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
(Western Lines)
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The Atchison, Topeka & Santa Fe Railway Company,
hereinafter referred to as "the Carrier" violated the current
Agreement between the parties to this dispute, particularly Article
III, Sections 1 and 2, when it failed and refused and continues to
fail and refuse to compensate Train Dispatcher J. C. Collins of its
Clovis, New Mexico train dispatching office at the rate of time
and one-half for overtime service performed by him at the orders
and for the benefit of the Carrier on November 26, 1952.
(b) The Carrier shall now pay Train Dispatcher J. C. Collins
at the overtime rate, trick train dispatcher rate, for service performed by him between 12:30 A.
M.
and 7:45 . M., which was
before his regularly assigned hours of 7:45 A. M. to 3:45 P. M.,
and for service from 3:45 P. M. to 3:55 P. M., which was after
those regularly assigned hours on November 26, 1952, as is required
by the Agreement.
EMPLOYES' STATEMENT OF FACTS: There is an Agreement between the parties, bearing the effective date of September 1, 1949. A copy
thereof is on file with your Honorable Board, and by this reference is made
a part of this submission the same as though fully set out herein.
For ready reference and convenience of the Board, Article III, Sections
1, 2 and 5 of the Agreement are quoted in their entirety:
"ARTICLE Ill-HOURS OF SERVICE, OVERTIME AND CALLS.
BASIC DAY-Section 1. Eight (8) consecutive hours shall
constitute a day's work.
OVERTIM1rSection 2. Time worked under this Agreement
in excess of eight (8) hours, continuous with, before or after, regular assigned hours will be considered overime and paid for on
[18827
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the agreement rules and should be denied in its entirety for the reasons
heretofore set forth.
All that is contained herein is either known or available to the Employes
and their representatives.
(Exhibits not reproduced.)
OPINION OF BOARD:
On the record in this dispute it is clearly evident the Carrier is attempting to secure a rehearing of Award 6679 which
it frankly admits the policy of the Third Division of the Board will not
permit.
On this basis the instant claim must be sustained in accordance with
Award 6679.
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
The Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
!fated at Chicago, Illinois, this 26th day of May, 1955.