,a, Award No. 19150
 Docket No. TD-18915

 NATIONAL RAILROAD ADJUSTMENT BOARD



PARTIES TO DISPUTE

 AMERICAN TRAIN DISPATCHERS ASSOCIATION

SOUTHERN PACIFIC TRANSPORTATION COMPANY -

TEXAS AND LOUISIANA LINES


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

(a) The Southern Pacific Company--Texas and Louisiana Lines-(hereinafter "the Carrier") violated the effective Agreement between the parties, Rule 2(b) thereof in particular, when on July 1 and 2, 1969, it required ands/ox permitted employer not covered by said Agreement to perform work within the scope of the effective Agreement.


(b) Carrier shall now compensate Train Dispatcher V. F. Kapezynski one day's compensation at the time and one-half rate appli., cable to Chief Train Dispatcher on the dates claimed for said. violation on the rest day of Claimant.


EMPLOYES' STATEMENT OF FACTS: There is an Agreement an effect between the parties, last revised May 1, 1967, copy of which is an file with this Board and the same is incorporated into this Ex Parte Submission as though fully sat out herein.

 Rule 2 defines the work and the positions of those covered by the Agreement and far the Board's ready reference, said rule, Scope, of the Agreement is here quoted in full teat:

(a) Track Train Dispatchers. This class includes positions in which the duties of incumbents are to be primarily responsible for the movement of trains by train orders, or otherwise; to supervise forces employed in handling train orders; to keep necessary records incident 'thereto; and to perform related work.


(b) Chief Dispatchers' and Assistant Chief Dispatchers' Positions. There classes shall include positions in which the duties of incumbents are to be responsible for the movement of trains on a division or other assigned territory, involving the supervision of train dispatchers and other similar employes; to supervise the handling of trains and the

OPINION OF BOARD: The issues and facts in this case are identical to those in Award No. 19149. We shall deny the herein claim for the reasons set forth in Award No. 191.19.

 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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of, the Railway Labor Act, as approved dune 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
 That the Agreement was nit violated.








hated at Chicago,. Illinois, this 21st day of April 1972.

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