NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-21C01
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STAT&MENT OF CLAIM: Claim of the American Train Dispatchers Association
that:
(a) The Seaboard Coast Line Railroad Company (hereinafter
referred to as "the Carrier"), violated the effective Agreement between
the parties, Article IV(h)(2) thereof in particular, when it refused to
compensate:
(1) Extra Train Dispatcher R. L. Hughes, Jr. thirty (30)
minutes actual travel time from the outlying point of Plant
City, Florida to Tampa, Florida, on the respective dates of
June 29, 30, July 1, 8, 13, 14, 15, 20, 21, 27, 30, 31,
August 1, 2, 7, 8, 10, 13, 15,
16,
17, 20 and October 5, 1973
to protect extra train dispatcher service;
(2) Extra Train Dispatcher J. B. Serwe twenty (20) minutes
actual travel time from the outlying point of Brandon, Florida,
to Tampa, Florida on the respective dates of July 3, 4,
6,
9,
10, 11, 12, 13, 17, 18, 19, 20, 25, 26, 30, 31, August 1, 2, 6,
7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 31,
September 1, 2,
4,
7, 10, 13,
14,
20, 21, 22, 23, 27, 28, 29
and 30, 1973 to protect extra train dispatcber service;
(3) Extra Train Dispatcher G. R. Driver thirty (30) minutes
actual travel time from the outlying point of Plant City, Florida
to Tampa, Florida on the respective dates of August 3, 10, 13,
14,
and 17, 1973, thirty (30) minutes actual travel time from the
outlying point of Plant City, Florida to Mulberry, Florida, on the
respective dates of August 20, 21, 22, 23 and 26, 1973, and
forty
(40)
minutes actual travel time from the outlying point of
Balm, Florida to Mulberry, Florida on the respective dates of
August 27, 28, 29, 30, September 10, 1.3, 14, 15,
16,
17, 20, 21,
22 and 23, 1973 to protect extra train dispatcher service.
(b) Because of the above violations, the Carrier shall now be
required to compensate the individual claimant extra train dispatchers
named above the amount of travel time specified in paragraphs (a)(1),
(a)(2) and (a)(3) above at trick dispatcher's straight-time rate for
each of the respective dates so specified.
Award Number 21750 Page 2
Docket Number TD-21001
OPINION OF BOARD: The parties, the issue, the Agreement language and
the essential facts are the same as in our Award
20383, which denied the claim presented. In both cases the question
involves an interpretation of Article IV (h)(2) of the parties' Agreement.
The question is whether the pertinent Agreement provision requires the
Carrier to compensate the claimants for actual time in traveling each day
while going to perform an extra train dispatcher assignment that involves
two or more consecutive days, as Petitioner contends; or for only the
first day of such an assignment, as the Carrier contends.
We do not think Award 20383 is palpably erroneous. In the
interest of consistency, we will follow said award.
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
dl4l,
Dated at Chicago, Illinois, this 14th day of October 1977.