NATIONAL RAILROAD ADJUSTMENT BOARD
Thomas C. Begley, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Missouri-Kansas-Texas Railroad Company, the Missouri-Kansas-Texas Railroad Company of Texas, hereinafter referred to as "the Carrier" violated the currently effective Agreement
between the parties to this dispute, particularly Article 4, Section (f),
when it failed and refused to compensate Train Dispatcher M. H.
Epperson in accordance with the provisions of the second paragraph of
Article 4, Section (f), when Train Dispatcher M. H. Epperson, on
specified dates set forth herein, was required to exercise his seniority
in the Parsons, Kansas train dispatching office and break-in on
entirely new territory prior to assuming duties as a train dispatcher
at that point.
(b) Carrier shall now compensate Train Dispatcher M. H. Epperson a day's pay at pro rata rate for each of the following dates:
October 13, 14, 15, 17, 18, 19, 20, 22, 23, 25, 27, 28, 29, 30 and 31, 1956total 15 days.
EMPLOYES' STATEMENT OF FACTS: There is in effect an Agreement
between the parties, effective June 19, 1937, on file with your Honorable Board
and by this reference is made a part of this submission as though it were fully
set out herein.
Article 4, Section (f) and Article 5, Section (j) which are particularly
pertinent to the instant claim are quoted here for ready reference.
"ARTICLE 4-BASIS OF COMPENSATION
"(f) Loss of time on account of the hours of service law or
in changing positions by the direction of proper authority shall be
paid for at the rate of the position for which service was performed
immediately prior to such change.
"Time lost in exercising seniority will not be paid for except in
case of removal or abolishment of all or part of a dispatching office,
[3241
10330-1'
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The railroad requests ample time and opportunity to reply to any and all
allegations contained in submission and all pleadings of the employe or
employes and the American Train Dispatchers Association.
Except as herein expressly admitted, the Missouri-Kansas-Texas Railroad
Company and Missouri-Kansas-Texas Railroad Company of Texas deny each
and every, all and singular, the allegations of the employe or employes and
the American Train Dispatchers Association.
For each and all of the foregoing reasons, the Missouri-Kansas-Texas
Railroad Company and Missouri-Kansas-Texas Railroad Company of Texas
respectfully request the Third Division, National Railroad Adjustment Board,
deny said claim and grant said Missouri-Kansas-Texas Railroad Company and
Missouri-Kansas-Texas Railroad Company of Texas all other relief to which
they or either of them may be entitled.
(Exhibits not reproduced).
OPINION OF BOARD:
The Claimant is asking for breaking in pay for
the position of Train Dispatcher at Parsons, Kansas. Claimant took over this
position by exercising his seniority rights after he was displaced by his senior.
There is no provision in Rule 4(f) or any other Rule cited by the employes
that provides for breaking in pay.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1962.