NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-18903
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
(al 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 28, 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 H. C. Terhune
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: On June 28, 1969 the Trainmaster at Enid, Oklahoma issued
the following message to the employe involved, the Wire
Chief and the Chief Dispatcher:
"EN Enid June 28-69 845 PM
HOB SO
VRA CY
(RED PLD EN)
"Effective at close of shift 10 PM date 2 PM to 10 PM
Opt job at Enid abolished. H. E. Dykes hours changed back
to 9 PM to 5 AM effective June 29, 1969. JT PLD HOB RED VRA
This is not a train order or is it tantamount to a train order.
Neither is it a distribution of power and equipment. In Award No. 18940 we
said, "Abolishing positions is an integral part of a Trainmaster's duties and
responsibilities." While a Chief Dispatcher may have an interest in the number
of operators available and the scheduled hours of each position, he alone does
not make final determination. There is nothing in the Scope Rule that gives
him that exclusive right. And, in any event, it has not been shown that this
work belongs exclusively to Chief Dispatchers by tradition, custom and practice
on this property.
Award Number 19242 Page 2
Docket Number TD-18903
FINDINGS; The Third Division of the Adjustment Doard, 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: 001,
Executive Secretary
Dated at Chicago, Illinois, this 31st day of May 1972.
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