- Award No. 19151


NATIONAL RAILROAD ADJUSTMENT BOARD



PARTIES TO DISPUTE

 AMERICAN TRAIN DISPATCHERS ASSOCIATION

SOUTHERN PACIFIC TRANSPORTATION COMPANY

TEXAS & LOUISIANA LINES


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

(a) The Southern Pacific Company - Texas and Louisiana Lines - (herinaftex "the Carrier") violated the effective Agreement between the parties, Rule 2(b) thereof in particular, when on July 3 and 4, 1969 it required and/or permitted employes not covered by said Agreement to perform work within the Scope of the effective Agreement.


(b) Carrier shall now compensate Train Dispatcher H. B. Swanzy, Jr., one day's compensation at the time and one-half rate applicable to Chief Dispatcher on the dates claimed for said violation on the rest dray of Claimant.


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

 Rule 2 defines the work and the positions of those covered by the Agreement and for the Board's ready reference. Said rul·2, Scope, of the Agreeemnt is here quoted in full text:

 "RULE 2.

(a) Trick 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. These 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

( Exhibits not reproduced.)

 OPINION OF BOARD: The issues and facts in this case are the same as those in Award No. 19149 which was denied. We shall deny the herein claim for the reasons set forth in Award No. 19149.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds anal holds:

 That the parties waived oral hearing;

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

 That this Division of the Adjustment Board has jurisdiction over the dis puce involved herein; and

 That the Agreement was not violated.

Claim denied.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of THIRD DIVISION

Dated at Chicago, Illinois, this 21st clay of April 1972.

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