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 1 thereof in particular, when on .June 23, 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. Harrison one day's compensation at time and one-half the daily rate appliable 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 Parts Submission as though fully set out herein.

 Article 1-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 1, Scope, of the Agreement is here quoted in full text:

                "ARTICLE 1


    (a) SCOPE


This agTexcment 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 dispatcer in each (lispatching 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.

in interest even if the claim were otherlvise ma·ritoriuue. Copy of the Carrier's declination letter November 19, 1969 is attached hexetc, as Carrier's Exhibit No. 36.


                CLAIM 37


    This claim was presented upon 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 se·t out two !2) cars at Olustee and do some spotting of the elevator.


      No. 31 did as was instructed.


The various reasons given for &-clination 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 upon the following reported Statement of Facts:


    At 9:10 A. M., June 17. 190, 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 sA forth in the Carrier's letter November 19, 1969, copy attached as Carrier's Exhibit No. 38. The trainmmter 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 vvdthin 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, or limitation upon him.


    (Exhibits not reproduced,)


OPINION OF BOARD: The Trainmaster at Enid, Oklahoma issued the following message:


      "Enid, Okla., 11 P. M., June 23, 1969


      HOB SO


    Run No. 638 on arrival of No. 637 with as many units as arrive on No. 637. Run No. 663 with 2 units 7:45 A. M.


    Run No. 632 with 3 Units and No. 632 will drop 2 units at meeti:ig point for No. 631.


      Run Avard Turn 2 units 2 P. :14.


      Sun Soutbnrd Switcher 2 Units P. M.


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      Call No. 632 if mtys available for 10 A. DI.


                      `1'. FI. H.

                      06/24/9 0056"


This issue here is identical with that adjudicated in Award No. 19089. The findings and conclusions reached in said Award are applicable here and are affirmed. For the reasons therein stated, this claim must be denied.

 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 herein; and
    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 24th clay of March 1972.

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