NATIONAL RAILROAD ADJUSTMENT BOARD -
THIRD DIVISION Docket Number TD-18779
William M. Edgett, Referee
(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 referred to as "the Carrier", viola
Agreement between the parties, Article 1 thereof in particular, when, beginning
December 4, 1968, it required and permits other than those within the scope
of said Agreement to perform work covered thereby.
(b) The Carrier shall compensate the senior available extra train
dispatcher one day's compensation at pro rata daily rate applicable to Assistant
Chief Dispatcher for each of the three tricks in a twenty-four (24) hour period
for each District, beginning December 8, 1968, and continuing for five (5) days
of each week, and at time and one-half at said rate for service required to
be performed on the sixth and seventh consecutive days of each week, until
said violation ceases.
(c) In the event no extra train dispatchers are available on any
day or days during the period in which said violation continues, then and in
such event Carrier shall compensate the senior assigned train dispatcher
then available because of observance of his assigned weekly rest days, one
day's compensation at time and one-half of daily rate applicable to Assistant
Chief Dispatcher for each of such days until the said violation ceases.
(d) The respective individual claimants entitled to compensation
herein claimed shall be determined by a joint check of the Carrier's records.
OPINION OF BOARD: On December 4, 1968 Carrier discontinued the preparation
of the 87 Report, which had been compiled by Train Dis
patchers from the Train Sheet kept by each dispatcher. In place of this
report Carrier substituted a Train Performance Report which is automatically
printed out by computer. At issue here is that portion of the Train Per
formance Report which lists delays. The Organization concedes that except
for the delays the new report can be automatically prepared by Carrier's
computer center.
The 87 Report had been compiled from information telegraphed to
the Springfield dispatching office. The dispatchers kept, and still keep,
a Train Sheet which lists all of the information required to complete either
of the reports with which we are concerned. Carrier's new data system re-
Award Number 19468 Page 2
Docket Number TD-18779
quires various classes of employee to report information directly to the
computer center. Delays are reported from crew change points and from
intermediate tie up points. The Organization alleges that this information
must be "prepared" before it is reported. The record does not show that the
reporting of delays by telegraphers requires them to perform any work which
was formerly done by Train Dispatchers. What is at issue here is the com
pilation of a report from data received at Springfield. This is what the
dispatchers did. They allege that someone else is now doing that work in
violation of their agreement. However, the record clearly shows that the
compilation of the data is performed by computer. We are not dealing with
a case in which one class of employee now performs work which formerly was
done by Claimants. We are dealing with a situation in which data processing
equipment pertorms work which formerly was clone manually. There has
been no violation of the Agreement and the claim must be denied.
PINDTNCS: The Third Division of the Adjustment Board, after giving the
partiies to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1972.