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Award No. 18593
Docket No. TD-18879
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 June 5, 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 C. L.
Everson 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 Parte Submission as though fully set out
herein.
Article I-Scope is identical in the Agreement effective September 1,
1949, revised as of January 1, 1953, and again revised effective October 1,
1965, 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.
OPINION OF BOARD: On June 5, 1969 the Trainmaster at Quanah,
Texas issued the following message to a train crew at Oklahoma City, Oklahoma:
"'C&E Extra 611 West - Oklahoma City Set out
15 mty box at Lawton balance empties to
Quanah.
CEH"
Although the Carrier alleges that it has no record that the instructions were
issued, there is sufficient evidence in the record before this Board to affum
Employes' allegations.
This is not a message involving the movement of the train as it was in
Award No. 18459, nor does it involve the "distribution of power and equipment" incidental to the supervision of the handling of that train as was the
case in Award No. 18568. It is, rather, a message to set out cars already
in the train.
In Award No. 4 of Public Law Board No. 588 on this property we said:
"A message instructing a train crew to pick up or set out cars
is not work related to the duties of a Train Dispatcher nor is it incidental to the duties of a Chief Night Chief and Assistant Chief
Dispatcher . . ."
Such a message may be incidental to the duties of Trainsmasters and Agents.
Also see Award No. 5 of Public Law Board No. 588.
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 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 23rd day of June 1971.
Keenan Printing Co., Chicago, Dl. Printed in U. S. A.
18593
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