PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:




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:






operated on the claim date and the designated claimant is not the real party in interest even if the claim were otherwise meritorious. Copy of the Carrier's declination letter November 19, 1969 is attached hereto as Carrier's Exhibit No. 36.










The various reasons given for declination of this claim are set forth in the Carrier's declination letter November 19, 1969, copy attached as Carrier's Exhibit No. 37.










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 hindrance or limitation upon him.




OPINION OF BOARD: The memorandum of the trick train dispatcher on duty reads:


"1207PM 6/9/69



This message, if directed by an employe not a Dispatcher, does not involve the movement of the train, it is not a train order, nor does it involve the "distribution of power and equipment" incidental to the supervision of the handling of the train. It is equivalent to an order to pick up or set out cars which Award No. 18593 held is not work related to the duties of a Train Dispatcher. See Awards No. 4 and 5 of Public Law Board No. 588 on this property.


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FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



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;












Dated at Chicago, Illinois, this 10th day of September, 1971.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.

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