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 Osawatomie, Kansas, where relief requirements regularly necessitate four (4) days relief service
per week.
(b) The Carrier shall now compensate Mr. A. P. Hoyt one
day's compensation at the rate applicable to trick train dispatcher
for each of the following dates: August 2, August 9, August 16 and
August 30, 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.
"Article 1
"(a) Scope
This agreement shall govern the hours of service and working conditions of train dispatchers. The term `train dispatcher,' as
hereinafter used, shall include Assistant Chief, trick, relief and ex-
[8721
11416-26
897
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 disupte 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.