NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Melvin L. Rosenbloom, Referee

(a) The Seaboard Coast Line Railroad Company (hereinafter referred to as "the Carrier") violated the effective Agreement between the parties, Articles 1(a), 1(b), and 111 (b) thereof in particular, when it refused to compensate regularly assigned Assistant Chief Dispatcher P. S. Carter (hereinafter referred to as "the Claimant") for nine (9) hours at rate of time and one-half of applicable rate of Chief Dispatcher's position computed in accordance with Article 111(b), for nine (9) hours' service performed on that position Wednesday, October 23, 1968, from 8:00 A. M. until 4:00 P. M. on his assigned rest day.

(b) The Carrier shall now compensate the individual Claimant the amount of the difference between pro rata rate and time and one-half rate of Chief Dispatcher's position for nine (9) hours to which he is entitled under the terms of the agreement.

"ARTICLE I

(a) Scope

The term `train dispatcher' as hereinafter used (and as defined in paragraph (b) of this rule) shall be understood to include chief, night 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 move-

former properties. It does not follow, therefore, that because these rules had a former Seaboard identity that only prior interpretations to the Seaboard rule are applicable to the rule now in the "new" agreement. Former Coast Line interpretations are just as applicable.

Pertinent correspondence with regard to this claim is attached to this submission as Carrier's Exhibits "A" through "H", inclusive.

(Exhibits not reproduced.)

OPINION OF BOARD The issues involved herein are essentially the same as the issues involved in Award 18070 covering a dispute between the same parties, which Award was affirmed in later Awards 18250 and 18251. Those Awards are controlling herein and the claim will be sustained for eight hours at time and one-half rate of the Chief Dispatcher position, as the record shows that Claimant worked that position from 8:00 A. M. to 4:00 P. M., on his assigned rest day.

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 violated.

AWARD