NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-19910
(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 between the parties, Rule 4 (a) and
Rule 22 (a) thereof in particular when it refused to compensate Claimant
Train Dispatcher C. J. Macki for eight (8) hours at the then applicable
pro-rata trick dispatchers' rate on August 9, 1970 account time lost, and
eight (8) hours at one and one-half times the basic straight time rate of
Night Chief Dispatcher's position for August 11, 1970 which was service on
assigned rest day.
(b) The Carrier shall now compensate the individual Claimant for
eight (8) hours pro-rata at trick dispatchers' rate on August 9, 1970, and
the amount of the difference between the pro-rata rate and the time and
one-half rate for August 11, 1970 to which he is entitled under the terms
of the Agreement.
OPINION OF BOARD: Claimant, an extra train dispatcher working off the train
dispatchers' extra board in Carrier's Stevens Point, Wis
consin, office, made bid for a permanent position advertised by bulletin
dated July 27, 1970, and posted as per terms of the Agreement. Carrier,
by bulletin issued on August 7, 1970, announced that Claimant was "the senior
bidder and is assigned to the permanent vacancy..." At that time Claimant
was working on a continuing vacancy as extra dispatcher on the Night Chief
Dispatcher position.
Carrier did not de facto assign Claimant to work on the permanent
position, which he had bid in, until August 19, 1970.
It is the Organization's position that Claimant was contractually
entitled to work the permanent position immediately following his selection
-- August 7, 1970 -- to the permanent position; and, had this been done he
would have been compensated as alleged in the claim.
It is Carrier's position that in the absence of an expressed contractual obligation it is a prerogat
a successful bidder will be assigned to perform the duties of the bid in
position and become entitled to the emoluments of the position.
Award Number 20070 Page 2
Docket Number TD-19910
The bulletins, referred to above, do not fix a date when a successful bidder will assume the dut
There is no rule in the Agreement -- none was cited -- specifying
when a successful bidder will be placed on a position.
This Board has no jurisdiction to fix by edict a time limitation
within which an action must be accomplished by either party; nor, does this
Board have any equity powers. Lacking equity jurisdiction, we may not premise
a finding solely on our sense of what is "reasonable."
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
The claim must be denied because the record does not support a
finding that Carrier violated the Agreement.
A W A k D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: 100- ~
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.