NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-24655
Josef P. Sirefman, Referee'
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the American Train Dispatchers Association that:
(a) The Soo Line Railroad Company (hereinafter referred to as 'the
Carrier') violated the currently effective Schedule Agreement
between the parties (effective March 20, 1961), Rule 1 thereof
in particular, when it transferred:
(1) responsibility for the movement of trains between Rogan
Ore Yard and South Wye, Hogan Ore Yard and West Wye,
and Empire Jet and Soo Jet on the Eighth Subdivision of the
Eastern Division, involving the supervision of train dis
patchers and other similar employes, the supervision of
the handling of trains in that territory, and the perfor
mance of other work related thereto, and
(2) the primary responsibility for the movement of trains
between Hogan Ore Yard and South Wye, Hogan Ore Yard and
West Wye, and Empire Jet and Soo Jet on the Eighth Subdivision of the Eastern Division by train orde
equivalent thereof, the keeping of necessary records incident thereto and the performance of other w
thereto,
from the Carrier's train dispatchers to employes who are not
train dispatchers and who were transferred from the Carrier's
employment to the employment of the Lake Superior and Ishpeming
Railroad for the purpose of effectuating the transfer of work
from train dispatcher employes of the Carrier, as set forth
above, effective 6:00 A.M., CST, Tuesday, November 7, 1978.
(b) Because of said violation the Carrier shall now compensate:
(1) the senior extra train dispatcher available a three
(3) hour call for 6:00 A.M. to 8:On A.M., CST, November 7,
1979 at the rate of assistant or night chief train dis
patcher and one (1) days' pay (eight hours) at the rate
of assistant or night chief train dispatcher for each
chief, assistant and night chief train dispatcher shift
hPKinning after 6:01 A.M., CST, November 7, 1978 to an
extra train dispatcher in successive seniority order
iinttl the violation ceases, and
Award Number 26255 Page 2
Docket Number TD-24655
(2) the senior extra train dispatcher available a three (3)
hour call 6:00 A. M. to 8:00 A. M., CST, November 7, 1978
at the rate of trick train dispatcher and one (1) days'
pay (eight hours) at the rate of trick train dispatcher
for each trick train dispatcher shift (i.e. first, second
and third shift or trick) handling the Eighth Subdivision
of the Eastern Division beginning after 6:01 A. M., CST,
November 7, 1979 to an extra train dispatcher in successive seniority order until the violation ceas
(3) In the event no extra train dispatcher is available (if
available thereby entitled to compensation at the straight
time rate except on the sixth and/or seventh day entitled
to compensation at the time and one-half rate), the amount
of compensation set forth in (b) (1) and (b) (2) is claimed
on behalf of a regularly assigned train dispatcher observing rest days in successive seniority order
regularly assigned train dispatcher observing rest days is
available then on behalf of a regularly assigned train
dispatcher on an overtime basis in successive seniority
order at the appropriate rest day or overtime rate.
(4) eligible individual claimants entitled to the compensation
claimed herein are readily identifiable on a continuing
basis and shall be determined by a joint check of the
Carrier's records."
OPINION OF BOARD: This Claim involves an operation under a joint venture
of some duration between Soo Line Railroad Company, the
Chicago & Northwestern Transportation Company (C&NW), and the Lake Superior
and Ishpeming Railroad Company (LS&I). It directly arises out of the transfer
of CTC equipment and control to the LS&I. The voluminous record before this
Board includes details of the modifications to the trackage rights arrangement
between the joint venturers, as well as various applications and appeals to
the ICC and the vederal Court. The ICC disposition, in pertinent part held
that:
"Here the only modification to the previously
authorized agreement is the carrier nominally
designated to discharge the ministerial function
of train dispatching. This function is inherent
to any joint trackage operation. It will be
continued to be carried out, as it has been
carried out in the past, pursuant to continuance
of joint trackage operations. Clearly such
change should have no effect on carrier operations and services or on the relationships
between the parties otherwise prescribed under
49 U.S.C. 11343. Accordingly this change does
not require our approval.
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Docket Number TD-24655
Here no employes of carrier have been shown to
have been adversely affected by the nominal
changes in carrier responsibility for the training dispatching function."
The decision of the ICC was subsequently affirmed by the Washington, D.C.
Circuit Court of Appeals.
Carrier raises a threshold issue with respect to this Board's jurisdiction. A review of the reco
between the parties herein properly falls under the Agreement of May, 1936,
known as the Washington Job Protection Agreement (WJPA), and that Agreement
contains the mechanisms for progression of their dispute to resolution. Therefore this Claim is dism
Awards 8619, 8286-88, 8410 and Third Division Awards 22475 and 23193. In view
of this holding there is no need to consider the timeliness issue raised in
the record.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
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 Claim he dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nanc bever - Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1987.