NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
TD-22775
Robert A. Frandea, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM:
(e) The St. Louis-Sea Francisco Railway Company (hereinafter referred to as "the Carrier"), violated
particular, rhea it required and/or permitted. Assistant Superintendent of
Transportation E. C. Reeves to handle crews and other related work between
3:30
p.m. sad 11:30 p.m., January 18,
1978.
(b) Because of said violation, the (terrier shall now compensate
the senior qualified extra train dispatcher available, eight
(8)
hours at
Assistant Chief Dispatcher rate.
(c) In the event no qualified extra train dispatcher is available
the claim is made on behalf of the senior qualified regularly assigned train
dispatcher at the appropriate rate.
(d) Eligible individual claimant entitled to the compensation
claimed herein is readily identifiable and shall be determined by a ,joint check
of the (terrier's records*
OPINION OF BOARD: On January
18, 1978,
a derailment occurred. The Organization
alleges that instead of calling an extra train dispatcher to
perform the additional dispatcher xork occasioned by the ~ergency, the Carrier
used the Assistant General Superintendent of Transportation, Mr. E. C. Reeves,
to perform work reserved to the dispatchers.
In support of its position, the Organization has submitted three
turnover reports prepared by Mr. E. C. Reeves, Assistant General Superintendent
of Transportation on the day in question. The Scope Rule upon which this claim
is based is foul in Article I of the agreement between the parties.
The,Carrier has cited inter alia Award No. 1 of Public Law Board
588
and the Organization inter alas Award Nos.
19
and
20
of Public Lax Board
588
as
being is support of their respective positions. A reading of those Awards makes
clew the distinction between what is properly dispatcher's work sad work that
can be performed by other supervisory personnel.
Award Number 23391
Docket Number TD-22'f(5
Page 2
In the instant case a reading of the turnover reports in light
of the precedent submitted to this Board for review does reflect that
Mr. Reeves performed dispatcher's work is the instant matter. We find,
based upon the evidence submitted, that Mr. Reeves was handling crew
and performing other train dispatcher work as alleged. Said work is reserved by Article I b 1. of th
the claim.
FILINGS: The Third Division of the Adjustment Board, upon the whole
record and ell the evidence, finds affil. holds:
That the parties waived oral hearing;
That the Carrier sad the Employes involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21,
19341
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; sad
That the Agreement has been violated.
A W A R D
Claim sustained.
ATTEST-
Executive
w.
Executive Secretary
NATIONAL RAILROAD AWM24MT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 6th
any
of October 1981.
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