(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 27, 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 G. W. Daugherty 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.

 JPINION OF BOARD: The following message was issued by the Trainmaster to the







The message was sent to the Chief Dispatcher and not the train crews. There is no probative evidence in the record that the crews acted upon this message. The facts here are identical with those in Awards 19240 and 19241 wherein this Board denied the claims. For the reasons stated in awards adjudicating those claims too, has no merit.
                  Docket Number TD-18904


        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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