NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-18909
(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 August 7, 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 P. J. Nerren
one day's compensation at time and one-half the daily rate applicable to Assistant Chief Dispatcher
OPINION OF BOARD: The facts presented by Employes reads:
"At 7:40 P.M., August 7, 1969, operator Enid, Oklahoma
came on duty to have Dispatcher fix up a Southard, Oklahoma
train. It was learned that Trainmaster W. H. Hulsey and a
clerk at Enid, Oklahoma had called this train and had
lined him up as to what he was to do. This was not known
by the Dispatchers office at Springfield, Mo., until 7:40
PM. This train was called for 7:50 P.M. August 7, 1969."
In Award No. 3 of Public Law Board No. 588, on this property we said:
"...A Trainmaster or a clerk under his direction may call a crew
for work assignment ....This work is not covered in the Train Dispatchers' Scope Rule. And the right
a train to leave at 5:30 A.M., is certainly within the scope of a
Trainmaster's duty and not that of a Dispatcher. It is not an order
for the movement or the train, nor does it involve the 'handling of
trains and distribution of power and equipment incident thereto'
as contemplated in Article I, (b), 1. "
For the above reasons, this claim has no merit.
i
Award Number 19246 Page 2
Docket Number TD-18909
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 Id 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.