NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-19730
Alfred H: Breast, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM; Claim of the American Train Dispatchers Association that:
(a) The Seaboard Coast Line Railroad Company (hereinafter referred to
as "the Carrier"), violated the effective Agreement between the parties, Article
IV(h)(2) thereof in particular, when it refused to compensate Extra Train Dispatcher R. P. Sani (her
actual time traveling on each date March 1, 2, 3, 4, S, 10, 11, 12, 15, 16, 17,
18, 19, 20, 21, and 22, 1970, from outlying point Brandon, Florida to Mulberry,
Florida, end 20 minutes actual time traveling March 14, 1970, from outlying point
Brandon, Florida to Tampa, Florida to protect extra train dispatcher service.
(b) For the above violation the Carrier shall now be required to compensate the Claimant for 30
1, 2, 3, 4, 5, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, and 22, 1970, and 20 minutes
time at the pro rata rate for the date March 14, 1970; such compensation to be in
addition to any compensation already received by Claimant for service performed on
said dates.
OPINION OF BOARD: The claimant, R. P, Sani, is regularly employed as an agent
operator and resides in Brandon, Florida, a station that is
10 miles east of Tampa, Florida and about 20 miles west of Mulberry, Florida.
Sani was called to work as an extra train dispatcher at Mulberry, Florida, on
March 1, 2, 3, 4, 5, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 1970, and on
March 14, 1970 he was called to work on an assignment in Tampa, Florida, as an
extra train dispatcher, Sani was denied actual travel time between Brandon and
Mulberry and Brandon and Tampa on the grounds that he travelled for these assign
ments no more than he does to and from his regular assignments and that the claim
ant cannot be considered to be located at an outlying point from both Mulberry
and Tampa.
Rule IV(h)(2) which covers this grievance reads as follows:
"Extra train dispatchers working for the Company in some other
capacity, who are located at outlying points, when required to
perform extra dispatcher's service will be paid for the actual
time traveling with a maximum of eight hours at the trick dispatcher's straight time rate on the goi
who do not reside within the limits of the Superintendent's
jurisdiction will be paid only for traveling time within the
limits of the division on the going trip."
Award Number 19532 Page 2
Docket Number TD-19730
The Carrier also made reference to the Supplemental Agreement of
July 24, 1967, which reads in full as follows
"Notwithstanding the provisions of Article IV of the agreement
dated January 21st 1967 and effective July 1, 1967, it is agreed
that the train dispatching office at Mulberry, Florida will continue to be a part of the Tampa Divis
both prior to and after the consolidation of former Seaboard and
former Coast Line train dispatching staffs at Tampa, Florida."
The contention of the carrier that the claimant would travel no more
on his extra assignments than he would to and from his regular assignment is
not one of the criteria set forth in Rule IV (h)(2), The contention of the
carrier that Brandon cannot be considered to be an outlying point from both
Tampa and Mulberry, Florida is not sustained by the supplementary agreement of
July 24, 1967, which clearly provides that Mulberry and Tampa are part of the
same office. Brandon, therefore, is an outlying point from either office.
Since the handling of this case on the property does not support the
carrier's contentions and this Board has long had the policy of only considering
those issues raised on the property (See Awards 4116631, 17093, 18656, 19028,
19101, 19155 3rd Division), the claim must be sustained.
The principles set forth in this opinion of the Board apply as well
to Docket 1119741 and are controlling there. A memorandum to that effect will
appear in that docket and incorporate this opinion by reference.
FINDINGS; The Third Division of the Adjustment Hoard, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee 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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 20th day of December 1972.
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