Docket No. TD-14654
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Don Hamilton, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
(a) The Atchison, Topeka and Santa Fe Railway Company (hereinafter referred to as "the Carrier") violated the currently effective
agreement between the parties to this dispute, particularly Article lI,
Sections 10-6 and 14, and Article IV, Sections 1 (b) and 7, when it
failed to use Extra or Unassigned Train Dispatcher E. W. Vance to
perform rest day relief service in its Clovis, New Mexico, train dispatching office on Friday, June 22, 1962.
(b) The Carrier shall now be required to compensate Extra or Unassigned Train Dispatcher E. W. Vance one day's compensation as
train dispatcher for Friday, June 22, 1962.
EMPLOYES' STATEMENT OF FACTS: There is an Agreement between
the parties in effect, copy of which is on file with your Honorable Board, and
the same is incorporated as a part of this submission as though fully set out.
herein.
For ready reference, the Agreement rules referred to in the foregoing;
Statement of Claim are here quoted in pertinent part:
Article II, Section 10-b:
"Section 10-b . . . . A temporary vacancy known to be of more than
seven (7) calendar days' duration will be made known to the train
dispatchers in the office and will be filled by permitting regularly
assigned train dispatchers to place themselves, in accordnace with
their seniority, on this and any other vacancy, other than that of selected assistant chief dispatchers, resulting from such placement; any
such temporary vacancy which a regularly assigned train dispatcher
does not place himself to be filled by the senior qualified and available
unassigned train dispatcher who will not thereby have claim to work
more than five (5) consecutive days . . . .
[4571
13321-15
471
the claim of the Employes in the instant dispute is wholly without support
under the governing agreement rules and should be denied, it is the respondent
Carrier's further position that the Petitioner's claim for penalties in behalf of
unassigned train dispatcher E. W. Vance on June 22, 1962 in the instant dispute
is, when considered in the light of the Petitioner's claim for penalties in behalf
of unassigned train dispatcher K. L. Miller on June 22, 1962, which was also
appealed to the Third Division by the Petitioner's President, Mr. R. C. Coutts,
in letter dated December 30, 1963, an obvious claim for duplicate or pyramided
penalties in behalf of two employes for the same alleged violation, which the
Third Division has consistently refused to consider. Awards Nos. 3146, 4710,
5333, 5652, 6021, 10861 and others.
In conclusion, the respondent Carrier respectfully reasserts that the claim
of the Employes in the instant dispute is wholly without support under the
rules of the current Train Dispatchers' Agreement and should be declined for
the reasons expressed herein.
OPINION OF BOARD: In this claim, Vance was filling the temporary
vacancy on Job 9115. He worked on that vacancy from June 3 to June 29, 1962.
Therefore, on the date in question, June 22, 1962, he was filling an uncompleted vacancy, and was therefore not available on the rest day of that vacancy,
to fill a temporary vacancy on another position.
See Award 9174.
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 -lispute 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 Number 13321
Docket Number TD-14654
AWARD
'Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1965.