NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-18902
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(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 29, 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. E. Gray 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.
OPINION
OF
BOARD: The message complained of here was sent by the Trainmaster
at Enid, Oklahoma to the Chief Dispatcher. It reads:
"Enid 305 PM June 29 69
HOB SO
Run Trains as follows June 30th
No 638 4 Units 630 AM
No 661 2 Units 745 AM
No 632 1 Unit 815 AM
Bender Turn 2 Units 11 AM
Extra West 1 Unit 1 PM
Southard Swr 2 Units 2 PM
WHIZ"
The facts and circumstances are identical with those
adjudicated in Award No. 19240. For the reasons stated in that award, and in
Awards 19089 and 19090, on this property, this claim has no merit.
Award Number 19241 Page 2
Docket Number TD-18902
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.