NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Ross Hutchins, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Pennsylvania Railroad Company (hereinafter referred
to as "the Carrier"), violated, and continues to violate, the existing schedule agreement between the parties, Part 1, Scope, thereof
in particular, by its action, effective June 28, 1961, and since, in
requiring and permitting employes not within the scope of the
said schedule agreement to perform work covered thereby.
(b) The Carrier shall now be required to terminate the delegation of work referred to in paragraph (a) hereof and restore the
same to employes within the scope of the said schedule agreement.
EMPLOYES' STATEMENT OF FACTS: There is an Agreement in
effect between the parties, copy of which is on file with your Honorable
Board, and the same is made a part of this Submission as though fully set
out herein.
The Scope Rule of Part I of the Agreement, applicable to train dispatchers, is here quoted in full for ready reference:
"The provisions set forth in Part I of this Agreement shall
constitute an Agreement between the Pennsylvania Railroad Company and its Train Dispatchers, represented by the American Train
Dispatchers Association, and shall govern the hours of service,
working conditions, and rates of pay of the respective positions
and employes classified herein.
The term 'Train Dispatchers' as used in Part I of this Agreement shall include trick, relief and extra Train Dispatchers.
When remote control or traffic control machines are operated
.by employes other than Train Dispatchers, a Train Dispatcher at
the dispatching headquarters shall exercise direct supervision over
the employes operating such machines.
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3. The Employes have failed to produce any valid evidence
whatsoever to the contrary.
4. The Board already has rendered a decision in a similar dispute on this property.
III.
Under The Railway Labor Act, The National Railroad
Adjustment Board, Third Division, Is Required To Give
Effect To The Said Agreement And To Decide The Present
Dispute In Accordance Therewith.
It is respectfully submitted that the National Railroad Adjustment
Board, Third Division, is required by the Railway Labor Act to give effect
to the said Agreement, and to decide the present dispute in accordance
therewith.
The Railway Labor Act, in Section 3, First, subsection (i), confers upon
the National Railroad Adjustment Board the power to hear and determine
disputes growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions.
The National Railroad Adjustment Board is empowered only to decide the
said dispute in accordance with the Agreement between the parties to it.
To grant the claim of the Employes in this case would require the Board
to disregard the Agreement between the parties thereto and impose upon
the Carrier conditions of employment and obligations with reference thereto
not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.
CONCLUSION
It has been shown that no work was performed by Employes other than
'Train Dispatchers to which Train Dispatchers have established any right and
that the Scope of the Rules Agreement was not violated.
Therefore, the Carrier respectfully submits your Honorable Board should
deny the claim of the Employes in this matter.
(Exhibits not reproduced.)
OPINION OF BOARD:
The issues of fact and law presented in this
case are the same as those presented in Award 13649, and the conclusions
of fact and law are the same.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidenec, 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.
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AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of June 1965.
LABOR MEMBER'S DISSENT TO AWARD 13650,
DOCKET TD-14807
The holding of the majority in Docket TD-14807, Award 13650, dissented
to for the reasons set out in Dissent to Docket TD-14806, Award 13649.
R. H. Hack
Labor Member
CARRIER MEMBERS' ANSWER TO LABOR MEMBER'S DISSENT
TO AWARD 13650, DOCKET TD-14807
(Referee Hutchins)
The Carrier Members' answer to Labor Member's Dissent to Award 11239
is incorporated herein as our answer in this case also.
W. F. Euker
R. A. DeRossett
C. H. Manoogian
G. L. Naylor
W. M. Roberts