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, Illinois, where relief requirements regularly necessitate four (4) days' relief service per
week.
(b) The Carrier shall now compensate Mr. C. A. Mathis one
day's compensation at the rate applicable to trick train dispatcher
for each of the following dates: January 8, January 15, and January
22, 1961, and compensate Mr. R. D. Stahlheber one day's compensation at the rate applicable to trick train dispatcher for each of the
following dates: November 25, December 4, December 11, December
18, December 25, 1960, and January 1, 1961, 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 here-
[521
11423-25
76
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.