NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-20073
Irving T. Bergman, 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") violated
perform service on Position No. 1 on December 7, 1971.
(b) Because of said violation, Carrier shall now be required to
compensate Claimant Doggett the difference between one (1) day's compensation
at the pro-rata daily rate applicable to trick dispatchers and the pto-rata
daily rate applicable to Chief Dispatchers for December 7, 1971.
OPINION OF BOARD: This is a companion claim to those of Awards 20136 and
20137. The Claimant is the same, the alleged violation
of Agreement is the same, the parties are the same, the facts are the same.
There is a difference in the date involved and the amount claimed in Award
20136 but that does not affect the primary issue of alleged violation of
Agreement.
In Award 20136, we found that the Agreement was not violated as
alleged. The record in this Docket is the same as that submitted by the parties in Award 20136.
We adopt the Opinion of Award 20136 as though it were fully set
forth at length in this 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
Award Number 20139 Page 2
Docket Number TD-20073
The Carrier did not violate the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: _
Executive Secretary
Dated at Chicago, Illinois, this 15th day of February 1974.