(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 .Tune 22, 1969 it required and/or permitted other than those covered thereby, to perform work covered by said Agreement.
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.
Noto (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 act 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 tra'·.n dispatchers' class, nor do the Rules of the Train Dispatchers' Agreement place such a hindrance or limitation upon him.
OPINION OF BOARD: Employes' allege that Trainmaster W. H. Hulsey, at Enid, Oklahoma sent the following message:
There is no question that the above instructions were issued as alleged. But they were not issued to the work train crew, but rather to "HOB" who is H. O. Buzbee, the Chief Dispatcher at Springfield, Missouri. There can be only one assumption and that is that the crew on the work train acted through the Chief Dispatcher. There is no evidence in the record upon which any other reasonable conclusion can be reached.
Award No. 1 of Public Law Board No. 558, on this property, held a Trainmaster has every right to instruct the Chief Dispatcher how and when trains are to be moved. It is not a train order and does not authorize the train crew to make precise moves. "Such an informational and instructional message" said that Board, "is not one which falls within the exclusivity definition belonging to Train Dispatchers."
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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and