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 Poplar Bluff, Missouri, where relief requirements regularly necessitate four (4) days' relief service per week.
(b) The Carrier shall now compensate Mr. T. L. Bilkey one day's
compensation at the rate applicable to trick train dispatcher for each
of the following dates: March 13, March 20, March 27, April 3, April
10 and April 17, 1961, 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 extra train
dispatchers. It is agreed that one Chief Dispatcher (now titled Division Trainmaster on this property) in each dispatching office shall be
excepted from the scope and provisions of this agreement"
[178]
11428-2s
202
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 b ythis 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.