(American Train Dispatchers Association PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

(a) The St. Louis-San Francisco Railway Company (hereinafter referred to as "the Carrier"), violated the effective Agreement between the parties, Articles III(a) and IV(k) thereof in particular, when it failed and refused to compensate Claimant Train Dispatcher C. E. Doggett at time and one-half the daily rate applicable to trick train dispatchers for service performed on Position No. 34 Friday, September 29, 1972.

 (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 dai applicable to trick train dispatchers for September 29, 1972.

Claimant was a Guaranteed Assigned Dispatcher. He was used on temporary vacancy on Dispatcher Position No. 22 with assigned hours of 11:30 p.m. to 7:30 a.m., Friday through Tuesday, with Wednesday and Thursday as rest days.

 Claimant want off duty at 7:30 a.m. on Wednesday, but was used on another position (No. 34) from 3:30 p.m. to 11:30 p.m, on Friday.

 Claimant alleges a violation of Articles III(a) and IV(k) of the Agreement became the Carrier refused to compensate Claimant at time and one-half the daily rate for service performed on Position No. 34 on Friday, September 29, 1972.

 A number of provisions of the Agreement are referred to by the parties in their prosecution and defense of the claim. Those Agreement sections are quoted below:















                      seotirea (1st

                      Dens C=_

                      Off secntive)


Regularly tasigned train
 di_sp-t^h- , other than
 relief ttala dispatcher 72 hours 49 hours
 Belief train dispatcher 56 hen" 32 hours
 Extra train dispatcher
 (p&r'2) 56 hnass 32 borsa"

 y. .1
                          Award Number 20346 Page 3

                          Docket Number TD-20456

                          "ARTICLE ID

                          Seniority


                  (k) Temporary Vacancies


                  1. Temporary vacancies or new positions of sixty (60) days' duration or less may be filled without bulletining as hereinafter provided in this Sectio Regularly assigned train dispatchers in the seniority district will be permitted to temporarily transfer to such temporary vacancies or new positions, or to positions made vacant by such temporary transfers, in accordance with their respective seniority; the position finally made vacant by such rearrangement of force will then be assigned to the senior qualified extra train dispatcher on the seniority district.


                    (1) Moving from One Assignment to Another


                  1. A train dispatcher moving from one assignment to another under the provisions of this Agreement may do so on any day such an assignment is scheduled to work without


regard to the rest days of the asstt h moves and will automacally asame the conditions, faeludi rest days, of the assignment to which he moves. o tZal" dis
 patcher who works more than five (5) consecutive days in mov
 ivit fnoa one aaaISIONOM to another Vill.ba vatai there
 for at the pro rata rata.
 i
                  2. A train her who MM40 UP an a twnpseary vacancy or tampsrasy position under the provisions of Section (k) of this Article will not be permed to rata= is his regular assig>rft or move up an another assigaamt an either of the two Vast de;ys at t!& aatIGNINent fray a6kth he nowee, except that if he lost one day mming from his regular aasigaaeet to the tanparasy aaei,gaseat by raesca of the Roars of Service Las, he miry retwm to his regular asaigsrmt or awe to aaothar aaeitmwt an the second rat day of the as·igninat frog which he aawns."


                                      -APP=lx ITEM No. 2.


                                Off iGAKCW'fT


                  IT IS AGJ=:

                  (1comP®l vin establish a ww- of two (2) but not awe then: four (4) Ouaasn:rd Aesipand Vlj*utcbu Positions

          Award Number 20346 Page 4

          Docket Number TD-20456


"in the Central Train Dispatching office at Springfield; said positions to be bulletined and assigned in accordance with the provisions of Article IV (j) of the effective schedule agreement, except as to assigned hours, rest days, and territory; compensation to be shown per position worked but not less than rate of trick train dispatcher.

 (2) Guaranteed Assigned Dispatchers will be paid under the applicable Agreement provisions, with a minimum of five (5) days for each work week, Monday through Sunday, in which fully available, and rest days need not be consecutive.

 (3) Compensation for service shall be in accordance with applicable Agreement provisions, except time-and-onehalf rate shall be payable for either or bo seventh day of extra work in a work week, but not in the case of the sixth or seventh day when more than one work week is involved.

 (4) Incumbents of Guaranteed Dispatcher positions will be used on the same basis as extra train dispatchers, except the Guaranteed Assigned Dispatchers will be used as senior extra train diepatchers (seniority to prevail as between the incumbents of the positions herein provided for), and available Guaranteed Assigned Dispatchers shal resultant vacancies in preference to extra train dispatchers and will remain as IG-r-*,read Asaigaed Dispatcher' even though filling temporary vacancies as provided by Article IV (k) of the effective schedule agreement. Incumbents of Guaranteed Dispatcher positions will not be u while so assigned, and the gu-r nt-eg haraia provided for shall accrue only to the assigned incumbents of the positions herein provided for.

 (5) Guars as time paid Guaranteed Assigned Dispatchers may be used for learning road, training or assisting other dispatchers, in which event a day on which such training or assistance is required shall be considered the same as a day on which train dispatching service is performed.

 (6) Guarantee time will be paid at rate of trick train dispatcher.

 (7) This Agreement will become effective October 1, 1%5, and shall couta- in full force and effect until it is changed under the provisions of the Railway Labor Act, as amended; provided, however, that it may be termina
                Award :lumber 20346 Page 5

                Docket Number TD-20450


        "March 31, 1966 upon not less than thirty days advance written notice by either party hereto. Should this Agreement be terminated or cancelled as provided herein it shall have no further force and affect except as to transactions occurring during its life time."


The Organization claims that the wording of the Agreement, with specific reference to Article IV(1) 2 requires the Claimant to observe the rest days of the assignment after completing the work week of the assignment. Accordingly, the Claimant asserts that the rest day duration of article III(a) 3 is governed by the rest day duration of the position which Claimant left, in this case, seventy-two (72) hours.

 The Carrier notes that under Appendix Item 4)2, incumbents of Guaranteed Dispatcher positions will be used on the same basis as extra train dispatchers. Accordingly, the Carrier argues that Article III(a) 3 only required a fifty-six (56) hour rest day duration because that section specifically so states with reference to extra train dispatchers.

 After a thorough review of the record, the Board is of the view that the duration of the number of hours of rest to which Claimant was entitled controls the dispute
Both parties have cited Avaxds to the Board in support of their respective contentions. The Carries points out that the Awards relied upon by the Organization did not c^utslat! Ch! distinrti-a beep the ffftysix and the seventy-two hear rant dap requirements. IMU the Last oaf the Opinions of the boards do not speak is teams of d·.-at1.-. of rest daps, we do noes that tba lames of latinia III(&) which contains the required assber of hours which constitute a root day vas specifically placed before the 3oaad is Awards Ii411t l~ Z7 ad 134=9 which AMEX" detlt vita theme vas peace. Moreover, vs do not mate that the AaKeds cited by Cams
dealt with the as- dUrlactim In t2at regardlie have coasidaad, at lees, the leasda bsmskt to our attati= by the parties. In Thirst Division. Amax 13511 (Dola.k) the 3oasd coneldsrad a claim agaimat this Carrier alleging viplgtlaoa ef A·E·f-j- ai(a), AMOK others, for a fazlura to pay time and one-half rate to the Claimant tbaxyta.

 That Claimant sea a steed Assigned Dixpwteba - m I it, a tamp. parry vacancy. That Claimant w assigned to votlc an a seat day, but vas not paid at the psmmia sass:. 'ma lmaad concluded that:

        "The September 25, 1965 Memorandum of Agreement does not vetomrtimal 1y replace all. of the sdfadale mgreerat Tulsa. xith respect to the-rights of Guaranteed Assigned Mapmt Carrier vented to main the :rest days- for-p~ Ho. 33 Red-

        neadsy and ptidsy or my other too days bs amid

                Award Number 20346 Page 6

                Docket Number TD-20456


        "have done so. But the position bulletin, as required in paragraph (1), apparently listed the rest days as Wednesday and Thursday. This being the case, Claim Article IV..."


Awards 18427 and 18428 (O'Brien) considered factual circumstances much similar to those before this Board. The Opinion of the Board in 18427 stated:

        "The parties, the issues, and the Agreement involved herein are the same as were involved in Award 18411. We have reviewed that Award and do not find it to be in palpable error. It is controlling herein and the claim will be sustained."


The Carrier relies upon a number of Awards of Public Law Board No. 300 (Moore). Case No. 22 dealt with an alleged violation concerning assignment to temporary vacancie assigned to temporary vacancy, he does not assume all of the conditions of the assignment including the rest days. In reaching its conclusion, Award No. 22 held that Appendix Item No. 2 is controlling over Article IV(k), and noted that Guaranteed Assigned Dispatchers are used on the same basis as extra train dispatchers. Case No. 24 of Public Law Board No. 300 concerned a failure to compensate a Claimant at premium rates for service performed on a rest day. The Award cited Award No. 22 for the proposition that the Claimant did not earn rest day No. 26, 29, and 31 were consistent with Awards 22 and 24.

 However, Award No. 17 of Public Law Board No. 300 considered a claim dealing with a temporary vacancy (Position No. 2) which was worked by the Claimant therein on December 22, 23, 24 and 25. The Claimant was required to fill a temporary va
The Organization contended that because December 26 was a rest day of Position No. 2, the Claimant was entitled to time and one-half for being required to work on the rest day of that position. The Board found that Claimant could not be moved to another temporary assignment on the rest day of the first temporary assignment. Thus, because Claimant was required to perform service on the rest day of the temporary assignment that he was filling, he was entitled to and one-half rate.

 Finally, we have considered Award No. 62 of Public Law Board No. 588, dealing with the same parties. While that Award did not deal with the precise issue before the Board in the instant dispute, it did rely upon Award
                        Award Number 2'346 Page 7

                        Docket :lumber TD-20456


        No. 18411. Although "incumbents of Gtaranteed Dispatcher positions will be used on the same basis as extra train dispatchers...", Public Law Board No. 588 concluded that said language does not automatically replace all of the Schedule Agreement rules with respect to the rights of Guaranteed Assigned Dispatchers.


        It noted that Article IV(k) permits regularly assigned train dispatchers in the seniority district t vacancy, to a new position, or to positions made vacant by a temporary transfer in accordance with s


                "The mere fact that a regular Train Dispatcher is also a Guaranteed Dispatcher does not deprive him of his seniority rights: nor does it change his designation to that of an extra dispatcher. He may be used on the same basis as an extra train dispatcher but consistent with his seniority rights. Once assigned to a position he may not be bumped by a junior dispatcher. He is not on the extra board. He is entitled to occupy an assigned temporary position until it is ended unless displaced by a train dispatcher with granter seniority in the district." (underscoring supplied)


                The various Awards do not attest to di~s rt viii w

        the spparavt inconsistencies noted above.


        With the record in the posture noted aboma, and recognising an apparent conflict in authority, we ba basic Agrammimt and Appaaiia Its 1o. 2.


        The Carrier vggaats that it is not pmpe~c to naoslAns sa® prsvialoas of the Agreement not cited Arils -via aon11d sot find a id.olatian of a psos1slon of Am Agassrat srM.ch ass not raird on kite property, nometbelaas.0 the native lgasnmot is before as and me fesi that it is appIzopxiate to view aver sections as tboy gay relate to the ypmpwlne Iu__re_r_~atios of the paetima of the Agreement which ass allapn7 7ialatad.


        Item 4 of Appeod1: Item Ho. 2 clearly racognisss that Gaamasctred Assigned Dispatchers vi7.1 fL11 temporary raeaadss as provided in atic" IY(k). Article I9(k) dams with teepesery Tresaeiaa. Article 7V(1) refers to dispatchers on tmpary vacmocies and states that they x311 amt be permittsd to re== to a row' < Or some up on anotbar ssatammmost on either of the two rot days of the assignment from adijeh be mamma, with cer rain as=msjtiass not bare material.


                We hose fully considered Ahem .go. 2 and note that Guaranteed

        Dispatchers will be used on the same basis as eataz train diapztsbM=. Sex.


ie.
                Award :lumber 20346 Page 8

                Docket -;umber TD-20456


we do not conclude that that language disposes of the dispute and adhere to the explanation of that language as contained in Award 18411 and Award 62 of Public Law Board No. 588. We note that Guaranteed Assigned Dispatchers are paid under the applicable Agreement with a minimum of five days for each work week and that rest days need not be consecutive. A full review of the Appendix does not compel us to conclude that the Guaranteed Assigned Dispatcher is considered as an in Article III(a) 3. While a Guaranteed Assigned Dispatcher may be used on the same basis as an extra train dispatcher, Guarantee Time is paid at the rate of trick train dispatcher.

 The Board concedes that this matter is not free of all doubt and concedes that reasonable minds may differ on the appropriate application of Article III(a) 3, as reasonable minds have apparently disagreed in the past as is evidenced by the conflict in prior Awards. Nonetheless, upon a consideration of the entire rec under the facts of this record, was entitled to a seventy-two hour elapsed time from duty. The record shows that his elapsed time was sixty-four hours. Accordingly, the claim will be sustained.

        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 the Agreement was violated.


                      A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: a' .&f~
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of July, 1974.