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Award No. 15407
Docket No. TD-16245
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Edward A. Lynch, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Chicago and Eastern Illinois Railroad, (hereinafter referred to as "the Carrier"), violated the Agreement between the
parties, Article 4(f) thereof in particular, when on August 26, 1965,
it deprived the individual Claimant herein of service which he was
contractually entitled to perform.
(b) The Carrier be required to compensate Extra Train Dispatcher L. H. Fralick at the time and one-half rate for August 26,
1965 because of the violation of the Agreement as referred to in
paragraph (a) hereof.
EMPLOYES' STATEMENT OF FACTS:
There is an Agreement in
effect between the parties, copy of which is on file with the Board, and the
same is incorporated into this submission as though fully set out.
For the Board's ready reference Article 4(f) particularly material to
this dispute is here quoted in full:
"ARTICLE 4.
(f). Extra Work.
Subject to the exceptions found in Article 3 (e) and 5 (b), the
senior qualified extra train dispatcher will be called and used for
extra train dispatcher service whenever he is available, without regard to loss of time in changing shifts. The senior extra train dispatcher will be considered as being available if he can fill the
vacancy without violating the Hours of Service Law, and is so situated
that he can get to the point where the train dispatcher's office is
located in time to begin work at the starting time of the vacant
shift."
(South End) J. W. Wilson was notified to protect the vacancy in
question on his rest day."
The relief service in question was a recurring tag-end relief-day vacancy.
There is in effect an agreement between the parties hereto identified as
Schedule No. 4 hearing an effective date of December 1, 1950, a copy of which
is on file with your Board and by reference hereto is made a part hereof.
Involved in the instant case are the following agreement provisions:
ARTICLE 3 (e)
"Regular relief requirements of less than four (4) days per week
will be protected by the senior unassigned train dispatcher who will
take the rates, starting times and other conditions of each position
on which relief service is performed."
ARTICLE 3 (b)
"Extra train dispatchers who are required to work as train dispatcher in excess of five (5) consecutive days shall be paid one and
one-half times the basic straight time rate for work on either or
both the sixth or seventh days but shall not have the right to claim
work on such sixth or seventh days."
ARTICLE 4 (f)
"Extra Work.
Subject to the exceptions found in Article 3 (e) and 5 (b), the
senior qualified extra train dispatcher will be called and used for
train dispatcher service whenever he is available, without regard to
loss of time in changing shifts. The senior extra train dispatcher will
be considered as being available if he can fill the vacancy without
violating the Hours of Service Law, and is so situated that he can get
to the point where the train dispatcher's office is located in time to
begin work at the starting time of the vacant shift."
ARTICLE 5 (b)
"Temporary Vacancies-Seven Days or Less.
Vacancies or new positions of indefinite duration will be filled
by the senior available qualified extra train dispatcher for the first
seven consecutive calendar days of their duration. After seven (7)
days such vacancies will be subject to the provisions of Section C
of this Article 5.
OPINION OF BOARD: Article 3 (b) of the applicable agreement states
clearly, in its pertinent parts, that:
"Extra train dispatchers who are required to work as train dispatcher in excess of fivo (5) consecutive days shall be paid . . . but
shall not have the right to claim work on such sixth or seventh
days." (Emphasis ours.)
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The agreement makes no exceptions on this point. Neither can we.
In the preceding Article 3 (a), as Carrier points out,
"Each regularly assigned train dispatcher will be entitled and
REQUIRED to take two (2) regularly assigned days off per week
as rest days, except when unavoidable emergency prevents furnishing relief." (Emphasis ours.)
It is patently clear that Carrier's action, here subject to claim, is fully
supported by the applicable agreement.
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 17th day of March 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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