4400.
Sol
Award No. 18589
Docket No. TD-18875
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David Dolnick, 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 I thereof in particular, when on May 27, 1969, it
required and/or permitted other than those covered thereby, to
perform work covered by said Agreement.
(b) Carrier shall now compensate Train Dispatcher F. DeBerry
one day's compensation at time and one-half the daily rate applicable to Assistant Chief Dispatcher for said violation on the rest
day of Claimant.
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 Parts Submission as though fully set
out herein.
Article 1-Scope is identical in the Agreement effective September 1,
1949, revised as of January 1, 1953 and again revised effective October 1,
1966, insofar as the rules material to this dispute are concerned.
For the Board's ready reference, Article I, Scope, of the Agreement
is here quoted in full text:
"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 provisions of this agreement.
This claim was presented on the following reported Statement of Facts:
At 9:10 A.M., June 17, 1969, Mr. C. E. Hurt, Trainmaster,
Quanah, Texas, instructed train No. 31 at Synder, Oklahoma to
bring what he has handy to Quanah. If possible bring 10 mty covered hoppers and 2 mty box.
No. 31 did as instructed.
The various reasons given for the declination of this claim are set forth
in the Carrier's letter November 19, 1969, copy attached as Carrier's Exhibit No. 38. The trainmaster who is alleged to have committed the violations in Claims 37 and 38 is one of the division officers who, as such, has
responsible control over the operation of a division, or a terminal, or of a
major activity within an operating division, and when acting in the discharge of his duties and responsibilities, it is not mandatory that a division
trainmaster exercise such responsible control only through employes of the
train dispatchers' class, nor do the Rules of the Train Dispatchers' Agreement place such a hinderance or limitation upon him.
(Exhibits not reproduced.)
OPINION OF
BOARD:
On the date of the claim the Trainmaster at
Enid, Oklahoma issued the following instructions to the Operator with a
copy to the Chief Dispatcher at Springfield, Missouri:
"Enid May 27-69
HOB SO
"Hold one unit off No. 637 for Extra West and Southard Switcher.
Will use unit off Avard turn on Southard Switcher. Run 1 unit
on No. 661 in A.M. Operator be sure dispr leaves a place to run
Southard Swr about 2:00 P.M.
"Southard will order what he needs on No. 661 in A.M. and what.
he will require on Southard Switcher tomorrow P.M. Joint Yard
RTE Opr. HOB
WHH"
A trainmaster generally has the right to instruct the Dispatcher with
respect to the use of engine units, but the "distribution of power and equipment", which is incidental to the handling of a train, belongs exclusively to
train dispatchers. See Award No. 1 of Public Law Board No. 588 on this
property. While the Chief Dispatcher received a copy of the message, the
"distribution of the power and equipment" was actually made by the Trainmaster. This is particularly so when he directed the Operator to "be sure
that the dispatcher leaves a place to run Southard Switcher about 2:00
P. M."
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
18589 18
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
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1971.
Keenan Printing Go., Chicago, 111. Printed in U. S. A.
18589 19