NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION






PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:

(a) The Missouri Paefic Railroad Company, hereinafter referred to as "the Carrier", violated the currently effective agreement between the parties, Article 3(b) specifically, when it declined and continues to decline to regularly assign a relief train dispatcher and compensate, him in accordance with the provisions of Article 3 (b) in its train dispatching office at Wichita. Kansas, where relief requirements regularly necessitate four (4) days' relief service per week.


(b) The Carrier shall now compensate Mr. J. H. Simpson one day's compensation at the rate applicable to trick train dispatcher for each of the following dates: July 13, July 20, July 27, August 31, and September 7, 1960, on which dates he was deprived of work to which he was contractually entitled under the agreement.


EMPLOYES' STATEMENT OF FACTS: There is in effect an agreement between the parties to this dispute effective August 1, 1945, reprinted March 1, 1955, and subsequently amended. A copy of this agreement and subsequent amendments are on file with your Honorable Board and by this reference are made a part of this submission as though they were fully set out herein.

The agreement rules particularly pertinent to this dispute are quoted here for ready reference.











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We respectfully submit that it has never been the practice on this Carrier to include the filling of temporary vacancies on positions of Chief Train Dispatcher in rest day relief service subject to Article 3 (b), whether such temporary vacancies occurred on the day the Chief Train Dispatcher was required to take one regularly assigned day off per week, or not. Neither has it been the practice to include the filling of temporary vacancies on positions of dispatchers covered by the Dispatchers' Agreement in rest day relief service subject to Article 3 (b), whether such temporary vacancies occurred on the day a trick dispatcher was taken from his regularly assigned position to work on a position of Chief Train Dispatcher because the Chief Train Dispatcher had been required to take one of his regularly assigned days off, or otherwise.


Accordingly, no support for the "Johnny-come-lately" position of the Organization can be found in the recognized practice on this property long known to both parties to the instant dispute.


For the reasons fully set forth in this submission, there is no basis for the instant claim, and it must therefore be denied.


All matters contained herein have been the subject of discussion in conference or through correspondence between the parties hereto on the property.




OPINION OF BOARD: The parties agreed at the Referee Hearing that the issue presented for determination by this claim is the same as the issue raised in Award 11407. Consequently, and for the reasons stated in that award, this claim must also be denied.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

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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





    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 22nd day of May 1963.