NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
THE LEHIGH AND HUDSON RIVER RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Lehigh & Hudson River Railway Company, (hereinafter
referred to as "the Carrier"), violated the currently effective Schedule
Agreement between the parties, Articles 1 and 7 thereof in particular,
by its failure to properly compensate each of the named individual
claimants for service performed on each of the dates hereinafter
specified.
(b) The Carrier shall now compensate each of the following
named individual claimants for the specified dates in the amount
representing the difference between what they were compensated for
services on said dates and the daily rate of Chief Dispatcher, $39.44
per day, said claimants and dates being as follows:
Name of Claimant Dates (1966)
S. E. Pierce December 31, 1965; January 8, 1966;
13, 20, 21, 22, 27, 28, 29; February 5,
10, 11, 12, 18, 19, 21, 22; March 4, 5, 8.
W. H. Lust December 27, 1965, 28, 29, 30; January
2, 1966, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14*
relief day time and one half, 15* relief
day time and one half, 16, 17, 18, 19,
20, 23, 24, 25, 26, 27, 31; February 1,
2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
20, 23, 24, # 2 hours over time # plus 8
hours, 25*, 26'" relief day time and
one half, 27, 28; March 1, 2, 3, 6, 7,
8, 9, 10, 13.
M. R. Pierson January 30" relief day at time and one
half; March 6* relief day at time and
one half; March 7.
Name of Claimant Dates (1966)
J. E. Flood December 27, 1965, 28, 30*
relief day at
time and one half, 31; January 1, 2,
3, 4, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18,
21, 22, 23, 24, 25, 28, 29, 30, 31; Feb
ruary 1, 4, 5, 6, 7, 8, 11, 12, 13, 14,
15, 18, 19, 20, 21, 22, 25, 26, 27, 28;
March 1.
EMPLOYES' STATEMENT OF FACTS:
There is an Agreement in effect
between the parties, effective June 1, 1946, a copy of which is on file with this
Board. The said Agreement is incorporated as a part of this Submission as
though fully set out. Although some rules of the Agreement have been revised
since the effective date, Articles 1 and 7 referred to in the Statement of Claim
herein have not been revised (except Article 7(b) revised effective September 1,
1949) and are here quoted in full for the Board's ready reference:
"ARTICLE 1.
Scope.
(a) The term 'train dispatcher' as hereinafter used (and as
defined in Section (b) of this Article) shall be understood to include
chief, assistant chief, trick, relief, and extra dispatchers, excepting
only such chief dispatchers as are actually in charge of dispatchers and
telegraphers and in actual control over the movement of trains and
related matters, and have substantially the authority of a superintendent with respect to those and other activities. This exception shall
apply to not more than one chief dispatcher on any division.
Definitions (b) 1. Chief Train Dispatcher
Assistant Chief Train Dispatcher
These classes shall include positions in which it is the duty of
incumbents to be responsible for the movement of trains on a division or other assigned territory, involving the supervision of train
dispatchers and other similar employes; to supervise the handling of
trains and the distribution of power and equipment incident thereto;
and to perform related work.
(2) Trick Train Dispatcher
Relief Train Dispatcher
Extra Train Dispatcher
These classes shall include positions in which it is the duty of
incumbents to be primarily responsible for the movement of trains by
train orders, or otherwise; to
supervise forces employed in handling
train orders; to keep necessary records incident thereto; and to perform related work.
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(d) Rates of pay for additional positions which may be created
or restored shall be not less than the rates of positions of a similar
nature then existent. If positions of a similar nature are not existent,
then rate or rates will be determined by agreement between the Management and the Committee.
Attending Court, Investigations, Etc.
(e) A train dispatcher attending court, inquests, investigations
or hearings, under instructions from the Railway, will be paid for
each day so held the equivalent of his regular assigned hours at pro
rata rate for assigned work days and actual time not exceeding eight
(R) hours at time and one-half rate for assigned rest days, and actual
expenses while away from home. Fees and mileage accruing will be
assigned to the Railway. This rule will not apply to a train dispatcher instructed by the Railway to attend a hearing of charges
against him, and who is not exonerated of such charges.
Away from Headquarters.
(f) When a train dispatcher is required by Management to leave
his regular headquarters for any purpose, he shall, in addition to
compensation as provided for by these rules, be paid necessary
expenses while away. Extra train dispatchers will be paid on the
same basis at trick dispatcher's rate.
Learning Territory.
(g) When, in the opinion of the Chief Train Dispatcher, it is
necessary for a train dispatcher to qualify on territory with which he
is not familiar he will be compensated therefor at trick dispatcher's
rate.
Combining Positions.
(h) When positions carrying different rates of pay are combined, the combined position shall carry the higher rate of the positions involved."
OPINION OF BOARD:
The parties, agreement and issues involved herein
are the same as were involved in recent Award 16557.
We have reviewed Award 16557 and do not find it palpably wrong. It
is, therefore, controlling and the claim herein will 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;
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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 27th day of
September 1968
.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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