NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-2051,3
William M. Edgett, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATM40T OF CLAIM: Claim of the American Train Dispatchers Association
that:
(a) The Burlington Northern, Inc. (hereinafter referred to as
"the Carrier") violated the currently effective Agreement
between the parties, Article 2 Section (d) and Article 3
Section (b) thereof in particular, when it failed and
refused to compensate Claimant Train Dispatcher R. T.
Kruger at time and one-half rate of pay when it called
and required him to perform service on a position outside
the hours of his regular assignment on May
6,
7,
8,
9,
10, 13, 14
and 15, 1971 respectively.
(b) Because of said violations, Carrier shall now be required
to compensate Claimant R. T. Kruger the difference between
pro-rata rate and time and one-half rate of compensation
applicable to Assistant Chief Dispatchers for May
6,
7,
8,
9, 10, 13, 14
and 15, 1971, respectively.
OPINION OF BOARD: In their rebuttal to Carrier's submission the Employees
withdrew the claims entered for May 7, 8, 9, 10,
14
and
15, 1971. Therefore the claims for those dates will be dismissed.
The claims for May
6
and
13,
1971 are sustained (Award 20017
Lieberman).
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 claims for May 7,
8,
9, 10,
14
and 15, 1971 should be
dismissed.
That the claims for May 6 and 13, 1971 should be sustained.
Award Number20667 Page 2
Docket Number TD-20513
A W A R D
Claims for May
7, 8, 9,
10, 14 and 15,
1971
are dismissed.
Claims for May
6
and
13, 1971
sustained.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1975.