11ATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-23915
PARTIES TO DISPUTE :
DISPUTE: (Walter E. Corran
( Cambria and Indiana Railroad Company
STATEMENT OF CLAIM: "Description of Dispute: Walter E. Corran, Trainmaster
(Dispatcher) claims personal discrimination in not
bei- - )·fered opportunity to move from 2nd shift position to daylight positio t-:at became a
(Di-pat^her). Walter E. Corran having 30 years service with the company
and having been promotes! to Extra Dispatcher on 6/1/57 and regular dispatcher 3rd shift 1.0/1/65 an
10/23/73 andduring any and all temporary vacancies of 1st shift dispatcher
due to illness, vacation, etc. moving up and fullfilling all duties of.lat
shift dispatcher, etc."
OPINION OF BOARD: The facts in this case show that claimant occupied an
official, non-agreement, supervisory position of Train
master (Dispatcher) on the Cambria and Indiana Railroad Company, a wholly
owned subsidiary of the Bethlehem Steel Corporation. In November, 1980, to
replace a retiring Trainmaster, Carrier brought in a supervisory employe
from another "Steel"railroad rather than reassigning claimant to the retiring
Trainmaster's position. The dispute outlined in the Statement of Claim above
resulted from this action. Subsequent to Claimant's notice of intent to
this Board (1-19-81), he voluntarily retired from the service of the Carrier
effective January 31,
1981.
The jurisdiction of this Board comes from Section 3, First (i)
of the Railway Labor Act, as amended. That Section refers to "disputes
between an employee or group
of
employees and a carrier or carriers etc."
It is generally recognized that non-agreement Trainmasters are
excluded from the definition of employee in Section 1, Fifth of the Railway
Labor Act, as amended, and in the orders of the Interstate Commerce Commission
(Ex Parte 72) as well as in the Craft and Class Determinations of the National
Mediation Board.
Therefore, the dispute as described above is barred from considerati-,n by this Board and is acc
Award Number
23332
Page 2
Docket Number MS-23915
FINDING:': The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That hearing as requested was held and concluded;
That the Carrier involved in this dispute is a Carrier within the
meaning of the Railway Labor Act, as approved June 21, 1934, but the Employe
is not an Employe within the meaning of that Act;
That this Division of the Adjustment Board has ,jurisdiction over
the dispute involved herein; and
That the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Seeretery
Dated at Chicago, Illinois, this
19M day
as Jaw 1981.
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