(American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the American Train Dispatchers Association that:









OPINION OF BOARD: Pursuant to an Arbitrated Implementing Agreement dated
 September 16, 1983, all train dispatching work on the Akron, Canton and Youngstown Railroad was to be transferred to the Norfolk and Western Railway's train disp 1983. Effective the same date, the names and seniority dates of former AC&Y Train Dispatchers were dovetailed into the Brewster Train Dispatchers' Seniority Roster.
                        Docket Number TD-26356


This dispute arose when the Employes charged that certain work reserved to the ACSY Train Dispatchers was not transferred to the Brewster office, October 3, 1983, but was instead assigned to a Carrier Officer.

 The Carrier raised a multitude of defenses during on-property handling and before this Board, on view of our decision based on one of these procedural issues, no useful purpose would be served by a
Article I of the September 16, 1983 Implementing Agreement provided, in pertinent part:

        ...train dispatchers on the AC&Y District dispatchers office roster whose names do not appear on the Brewster train dispatchers roster will be dovetailed into the Brewster train dispatchers roster in accordance with their seniority dates, and such train dispatchers shall thereafter be subject to the provisions of the former Wheeling and Lake Erie Agreement effective November 1, 1947 as amended and supplemented ...."


The Claimants on whose behalf the Claim is filed have no standing on the former AC&Y Seniority Roster, but were instead made subject to the WSLE Agreement. The contractual provision upon which the Claim is founded no longer applies to these Claimants.

 While the Employes argued on the property that the act of dovetailing these Claimants into the W from the former ACSY Roster, such argument does not accord with the very purpose of the Implementing Agreement. While the Implementing Agreement did not explicitly terminate the AC&Y Agreement, it did not explicitly preserve it, either. But the Implementing Agreement did remove the Claimants from the AC&Y Agreement's coverage.

 Further, it is noted that in exchanges on the property, the Carrier pointed out:

        ...The AC&Y Train Dispatcher's Seniority Roster was discontinued at the time these train dispatching forces were coordinated into Brewster, Ohio, and accordingly no such roster was issued January 1, 1984. Further, no protest was made within the time limits set forth in Article 4(b) of the AC&Y ATDA Schedule Agreement. Therefore, as of the date of coordination, and at the very latest January 1, 1984, there were no dispatchers on the former AM Seniority Roster and accordingly there were no claimants from that time on."

                        Award Number 26315 Page 3

                        Docket Number TD-26356


That argument was not answered on the property nor in the Employes' Submissions. It therefore is considered factual.

 In short, even if the merits of this dispute were found to warrant a sustaining Award, there are no Claimants with any standing to enjoy the Agreement's benefits. We sha merits and the Claim will be dismissed without addressing either the merits or the other procedural issues.

 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 Agreement upon which the Claim is founded no longer applies to Claimants.

                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      _<~z

        Nancy J. D v - Executive Secretary


Dated at Chicago, Illinois this 13th day of May 1987.