NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Martin I. Rose, 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, 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 Chester, Elinois, where relief requirements regularly necessitate four (4) days relief service per week.
(b) The Carrier shall now compensate Mr. F. O. Cole one day's
compensation at the rate applicable to trick train dispatcher for each
of the following dates: July 24, August and September 4, 1960; compensate Mr. C. A. Mathis one day's compensation at the rate applicable to trick train dispatcher for each of the following dates:
July 10, July 17, July 31 and August 7, 1960, and compensate Mr.
R. D. Stahlheber one day's compensation at the rate applicable to
trick train dispatcher for August 21, 1960, on which dates they were
deprived of work to which they were 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.
"Article 1
"(a) Scope
This agreement shall govern the hours of service and working
conditions of train dispatchers. The term 'train dispatcher; as herein-
[7941
11413-25
818
tended to cover the kind of work involved. In order to determine this,
it is necessary to look to custom and practice."
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 dfispatcher 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.
(Exhibits not reproduced.)
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:
That the parties waived oral hearing;
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 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 22nd day of May, 1963.