NATIONAL RAILROAD ADJUSTMENT BAARD
THIRD DIVTSION Docket Number TD-19903
(American Train
dispatchers Association
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
(a) The Soo Line Railroad Company, hereinafter
referred to
as
"the Carrier" violated the Agreement in effect
between the
parties Rule 4(a)
thereof in particular,
when it
refused to compensate Night Chief Dispatcher
P. M. McNamara; hereinafter referred to as "the Claimant" for eight (8) hours
at rate of time and one-half of applicable rate of Chief Dispatcher's position
on July =0, 1970 and July 27, 1970 which was service on assigned rest days.
(b) Because of said violations the Carrier shall now compensate the
individual Claimant for amount of the difference between pro rata rate and time
and one-half rate of Chief Dispatcher's position for eight (8) hours on July
20, 1970 and eight (8) hours on July 27, 197U
Lo
which he is entitled under the
terms of the Agreement.
OPINION OF BOARD: This case involves the same parties, Agreement and issues
as in Award No. 19845. For reasons stated in the
Opinion
in Award No. 19845 we will sustain the claim in the instant case.
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 Carrier violated the Agreement.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
x~ve Secretary
Dated at Chicago, Illinois, this 27th day of July 1973.