NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

David Dolnick, Referee

AMERICAN TRAIN DISPATCHERS ASSOCIATION

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

(a) The St. Louis-San Francisco Railway Company (hereinafter "the Carrier") violated the effective Agreement between the parties Article 1 thereof in particular, when on June 20, 1969, it squired and/or permitted other than those covered thereby, to perform work covered by said Agreement.

(b) Carrior shall now compensate Train Dispatcher L. FI. Bauer 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.

"ARTICLE 1

(a) SCOPE

This agreement shall gov,-nn 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 agr:ed 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.

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., hays 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 d·scba,,ge of his duties and responsibilities, it is riot mandatory that a division traimnaster 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.

tExhiblts not reproduced.)

OPINION OF BOARD: Employes' claim as presented to the Carrier reads:

"At 8:42 A. M., June 20, 1969, Agent at Cyril talked to Trainmaster C. E. Hurt, Quanah, Texas about 2 empty covered hoppers for Cyril. Trainmaster C. E. Hurt instructed Agent, Altus, Okla., to be sure to move 2 empty covered hoppers on No. 36 to Cyril. The Agent at Altus failed to forward these cars on No. 36 but fulfilled the above instructions by moving them on No. 32."

The essence of the claim is the instruction by the Trainmaster to the Agent at Altus to move 2 empty covered hoppers to Cyril. Whether they were moved on No. 36 or 32 is immaterial. They were picked up at Altus and set out at Cqril. This Board has repeatedly held in similar claims on this property that a message to pick up and set out cars is not work which belongs exclusively to Train Dispatchers under the Scope Rule. See Awards 18938, 18689, 18593, 18692, 18690 and Awards Nos. 4, 18, 22, 23, 25 and 26 of Public Law Board No. 588 on this property.

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

The Agreement was not violated.

AWARD