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 9, 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 E. Fyffe
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.
NOTE (1): Positions of excepted chief dispatcher will be filled
by employes holding seniority under this agreement.
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.
CLAIM 37
This claim was presented on the following reported Statement of Facts:
"At 10:35 A. M., June 17, 1969, Mr. C. E. Hurt, Trainmaster,
Quanah, Texas, instructed No. 31 to set out two (2) cars at Olustee
and do some spotting of the elevator.
No. 31 did as was instructed."
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.
CLAIM 38
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 Snyder, 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 hindrance or limitation upon him.
(Exhibits not reproduced.)
OPINION OF BOARD:
The memorandum of the trick train dispatcher
on duty reads:
"1207PM 6/9/69
Wichita Yard Instructed Operator at Fredonia-give No. 337 a
message 30 XB at BM and I do not want him to get them."
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 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 the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 10th day of September, 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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