NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-18908
(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 24, 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. J. Ludwig 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 Trainmaster at Enid, Oklahoma issued the following
instructions to the crew of Train 637 at Cherokee Yard and
to the Chief Dispatcher:
"En Enid June 24-69 540 PM
"HOB SO
C&E No. 637 CY
"Pick up at Sumner 5-0-610 tons list and bills in box Morrison
pick up at Lucien 4-11-850 tons list and bills in box Lucien
pick up at Fairmont ACL 89655-121771-122070-120318 and ACL
120871 wheat for Enid waybills at Enid
WHH"
This message is neither a train order nor does it involve a distribution of
power and equipment. It is merely an order for a pick up which is not work that
belongs exclusively to Train Dispatchers under the Scope Rule. See the awards
by this Board and Public Law Board No. 588, on this property, cited in Award
19244.
Award Number 19245 Page 2
Docket Number TD-18908
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,