-Owses
Award No. 18257
Docket No. TD-18657
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John II. Dorsey, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The Chicago, Milwaukee, St. Paul and Pacific Railroad Company, hereinafter refered to as "the Carrier," violated the currently
effective Agreement between the parties, Rule 1(b) and Rule 44
thereof in particular, when, on May 15, 1969 the position of Night
Chief Dispatcher in the Savanna, Illinois train dispatching office was
abolished, causing the duties formerly performed by the incumbent of
the Night Chief Dispatcher position to be assumed by incumbents of
the trick train dispatcher positions, who are compensated for their
services at trick train dispatcher rate of pay.
(b)
Carrier shall now compensate individual train dispatchers,
(regular, relief and extra) performing service on the Second and Third
trick train dispatcher positions at Savanna, Illinois for the difference
between trick train dispatcher rate and night chief dispatcher rate
for the portion of their respective assignments encompasesd by the
assigned duty hours of the abolished night chief dispatcher position
and for duties now performed by the First Trick Train Dispatcher
position at Savanna, Illinois formerly performed by the Night Chief
Dispatcher. This adjusted compensation shall be effective commencing
May 15, 1969 and continue until such time as the night chief dispatcher
position is re-established, or until the matter is otherwise disposed of
by agreement between the parties. Individual claimants entitled to
compensation claimed herein can readily be determined by a check of
the Carrier's records.
EMPLOYES' STATEMENT OF
FACTS: There is an Agreement between
the parties, a copy of which is on file with this Board, and by this reference
is incorporated into and made a part of this Submission, the same as though
fully set forth herein.
For the Board's ready reference, provisions of said Agreement pertinent
to this dispute are here quoted in full:
"NOTICE
Savanna-May 5, 1969
Spl. file 41
F-4
TRAIN DISPATCHERS
Savanna, Ill.
Effective May 15, 1969 the position of Night Chief Dispatcher at
Savanna, Illinois is abolished.
/a/ L. H. Walleen
Superintendent
cc: Messrs.
F. G. McGinn
L. V. Anderson
D. O. Burke
L. W. Harrington
G. W. Riley
L. W. Nigus
C. C. Smith
T. E. Bigley, Genl. Chrmn., ATDA
W 146 N. 8542 MacArthur Drive
Menomonee Falls, Wis. 53051
Z. G. Reiff, Office Chairman"
Attached hereto as Carrier's Exhibits are copies of the following letters
written by,
CARRIER'S EXHIBIT A - Mr. L. H. Walleen, Superintendent, to
Mr. T. E. Bigley, General
Chairman, under date of July 10, 1969.
CARRIER'S EXHIBIT B - Mr. L. W. Harrington, Vice PresidentLabor Relations to Mr. Bigley under date of August 11, 1969.
CARRIER'S EXHIBIT C - Mr. Harrington to Mr. Bigley under date
of August 20, 1969.
CARRIER'S EXHIBIT D - Mr. Harrington to Mr. Bigley under date
of November 4, 1969.
CARRIER'S EXHIBIT E - Mr. Harrington to Mr. Bigley under date
of December 18, 1969.
(Exhibits not reproduced.)
OPINION OF BOARD:
On May 5, 1969, Carrier abolished the position
of Night Chief Dispatcher at its Savanna, Illinois dispatching office. This was
the only such position on Carrier's property for at least 20 years prior to the
abolishment. There is no evidence of the service requirements upon which the
establishment of the position was based.
Petitioner alleges that, upon the abolishment, the duties of the Night
Chief Dispatcher position were combined with the duties of the second and
third Trick Dispatchers at Savanna. Citing Rule 1(b) and Rule 44 in support,
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Petitioner contends that the second and third Trick Dispatchers were, after
the abolishment, contractually entitled to be compensated at the Night Chief
Dispatcher rate of pay. The said Rules read:
"RULE 1(b). DEFINITIONS
(1) Chief Dispatcher, Night Chief Dispatcher, Assistant Chief
Dispatcher.
These classes shall include positions in which the duties of incumbents are 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 Dispatcher, Relief Dispatcher, Extra Dispatcher.
These classes include positions in which the duties of incumbents
are 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."
"RULE 44. COMBINING POSITIONS
When an existing position of chief, assistant chief or night chief
dispatcher is combined with a trick train dispatcher position, the
combined position shall be compensated at the pay rate of the higher
rate of the two positions. The provisions of the previous sentence will
not apply when a position of assistant chief or night chief dispatcher
is abolished because of the expiration of service requirements upon
which the establishment of such position was based."
Relative to Rule 1(b)(1), Petitioner did not adduce factual evidence of
probative value that the second and third Trick Dispatchers performed work,
after of the abolishment, involving: (a) "supervision of train dispatchers and
other similar employes;" (b) "to supervise the handling of trains and the
distribution of power and equipment incident thereto;" or, any other work
exclusively reserved to the position of Night Chief Dispatcher.
Petitioner having failed to prove that any of the work exclusively
reserved to the position of Night Chief Dispatcher was assigned, expressly
or impliedly, to the second and third Trick Dispatchers after the abolishment,
the abolishment did not bring about a combining of positions within the contemplation of Rule 44. See and compare, Fort Worth and Denver Railway
Company v. American Train Dispatchers' Association, National Mediation
Board Case No. A-4267, Arbitration 186, February 22, 1954; also, our Awards
No. 6138, 6274, 11035 and 13829.
For the foregoing reasons we will deny the Claim.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
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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 Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October, 1970.
DISSENT TO AWARD NO. 18257, DOCKET TD-18657
As long as the majority
keeps in mind the language of the award "Petitioner having failed to prove . . .", this can only mean evidence was lacking
that the work was re-assigned. It further means if proof is offered in a
similar case, that case must be sustained. Another reason for this dissent
being registered, is that signed statements from people who were performing
the work over many years were completely disregarded.
Carrier's defense that the Organization's alleged "self-serving statements" is nothing more than this Board upholding a dual standard. If Carrier
states something, it is true; if the Organization states something, it is self
serving. Carrier DOES NOT supply this Board with ANY PROOF, JUST
statements.
For this and other reasons this dissent is registered.
G. P. Kasamis
Labor Member
Keenan Printing Co., Chicago, Ill.
Printed in U.S.A.
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