111W3e9
Award No. 18450
Docket No. TD-18717
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey,
Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The St. Louis-San Francisco Railway Company (hereinafter
"the Carrier") violated the effective Agreement between the parties,
Article 1 thereof in particular, whet on January 16, 1969, it required
and/or permitted an employe not within the scope of the Agreement
to perform work covered thereby.
(b) Because of said violation, the Carrier shall compensate the
senior available extra train dispatcher one day's compensation at the
pro rata rate applicable to assistant chief dispatcher for said violation.
(c) In the event no extra train dispatcher was available Carrier
shall compensate the senior available train dispatcher observing rest
days, one day's compensation at the time and one-half rate applicable
to assistant chief dispatcher for said violation.
(d) The individual claimant entitled to compensation herein
claimed shall be determined by a j^int check of the Carrier's records.
EMPLOYES' STATEMENT OF FACTS: There is an Agreement in effect
between the parties, copy of which is on file with this Board, and the same
is incorporated into this Ex Parte Submission as though fully set out herein.
For the Board's ready reference Article I of said Agreement is here
quoted in full:
"ARTICLE I
(a) SCOPE
This agreement shall govern the hours of service and working
conditions of train dispatchers. The term `train dispatcher' as hereinafter used, shall include night chief, assistant chief, trick, relief
and extra train dispatchers. It is agreed that one chief dispatcher in
each dispatching office shall be excepted from the scope and provision of this agreement.
permit her to accompany- her husband to an Oklahoma City hospital for
surgery.
OPINION OF BOARD:
This dispute involves the same parties, issues
and Agreement as in Award No. 18448. For reasons stated in that Award the
Claim is 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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Carrier did not violate the Agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive
Secretary
Dated at Chicago, Illinois. this 19th day of March 1971.
LABOR MEMBERS' DISSENT 7'O
AWARDS 18448, 18449, 18450, 18451
DOCKETS TD-18719, TD-18716, TD-18717, TD-18718
The majority's opinion is completely erroneous.
The majority's opinion refers to:
"*
* ' the transmittal of the m^ssage
"*
" * that the transmittal of directory messages * * ""'
The transmission of messages was not the issue of the disputes. The
employes never took that position. The issue was persons not within the scope
of the agreement performing work covered therein. The work in question was
the decision involving the supervision of employes, not transmittal of messages after the decision was made.
For this and other reasons, this dissent is registered.
Keenan Printing Co., Chicago, 111. Printed In U.S.A.
18450 4