NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-18905
(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 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 E. W. Wyatt
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: Employes allege that the Agent at Lamont, Oklahoma had the
following telephone conversation with an employe at Enid,
Oklahoma on June 27, 1969:
"Agent at Lamont. 'I'll have 5 mty box at Hunter and 5
at Lamont they will not load."'
"Employe at Enid, Okla. 'Hang on them a day but send your
empty hopper into Enid."'
These instructions, say the Employes, were acted upon by the Agent at Lamont,
Oklahoma.
Carrier contends that it has no record that the alleged conversation
took place. Aside from this fact, which is in itself troublesome, the alleged
conversation, if it did take place, is neither a train order nor does it involve
a distribution of power and equipment. All it involved was a pick up of an
empty hopper at Enid and a probable set out at Lamont. We have held in a long
line of awards by this Board and by Public Law Board No. 588Fi all on this property,
that such a message is not work which belongs exclusively to Train Dispatchers
under the Scope Rule. See Awards 18689, 18690, 18697, 18938, 19084, 19093, 19094
and Awards 4, 18, 22, 23, 25 and 26 of Public Law Board No. 588.
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Award Number 19244 Page 2
Docket Number TD-18905
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 involvad herein; and
That the Carrier did not violate the Agreement.
A W A F D
Claim denied,
' NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
orrg·
Executive Secretary
Dated at Chicago, Illinois, this 31st day of May 1972.
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