NATIONAL RAILROAD ADJUST31EXT 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 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. Fry one day's
compensation at the rate applicable to trick train dispatcher for November 9, 1960; compensate Mr. V. E. Anderson one day's compensation at the rate applicable to trick train dispatcher for each of the
following dates: November 16, November 23, November 30 and December 14, 1960, and compensate Mr. J. H. Simpson one day's compensation at the rate applicable to trick train dispatcher for December 7, 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 here-
[1031
11425-25
127
tended to cover the kind of work here 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 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.
(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.