(American Train Dispatchers Association PARTIES TO DISPUTE:

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 30, 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 W. F. Haynes 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.















HOB is the Chief Train Dispatcher, H. 0. Buzbee. The instructions were sent to him and not to any of the train crews. A statement that the "above instructions were acted upon by the forces at Enid, Oklahoma'is a mere assertion and not evidence that the train crews acted directly upon them. Every indication points to the fact Chief Dispatcher alone, which is a normal and proper business procedure and that the crews did not act upon the message but rather from instructions later conveyed to them by the Ch are identical.
                  Docket Number TD-18901


        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

        That the Carrier did not violate the Agreement.


                      A W A R D


        Claim denied.


              ' NATIONAL RAILROAD ADJUSTMENT BOARD


                              By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 31st day of May 1972.


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