Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27580
 THIRD DIVISION Docket No. TD-26790
 88-3-85-3-546
 The Third Division consisted of the regular members and in
 addition Referee Edward L. Suntrup when award was rendered.

 (American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claims in behalf of various train dispatchers of the
 Waycross Office on various dates for the difference between their present rate of pay and that of Night/Assistant Chief Dispatcher as a result of being required to perform duties of the positions of Night/Assistant Chief Dispatcher. The claimants cite letter of December 17, 1982 File F-2, as support for the claim.















                    July 29, 31;

                    August 1, 5, 6, 7 and 8, 1983.


      L. H. Glass June 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16,

                          17, 18, 21, 22, 23, 24, 25, 28, 29 and 30;

                          July 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30;

                          August 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 29, 30 and 31;

                          September 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29 and 30;

                          October 1, 1983.

Form I Award No. 27580
 Page 2 Docket No. TD-26790
 88-3-85-3-546
 H. A. Clifton June 4, 5, 6, 7, 8, ll, 12, 13, 14, 15, 18, 19,
 20, 21, 22, 25, 26, 27, 28 and 29;
 July 1, 3, 4, 5, 6, 11, 12, 13, 16, 17, 18, 19,
 20, 21, 24, 25, 26, 27, 28 and 30;
 August 1, 2, 6, 7, 8, 13, 14, 15, 16, 17, 22,
 23, 24, 25, 27, 28, 29, 30 and 31;
 September 3, 4, 5, 6, 7, 10, 11, 13, 14, 17, 18,
 19, 20, 21, 24, 25, 26 and 28;
 October 1, 2 and 3, 1983.
 G. D. Weatherington June 1, 3, 10, 11, 16, 17, 18, 24 and 25;
 July 8, 9, 10, 14, 15, 16, 17, 22, 24, 28, 29
 and 31;
 August 1, 3, 5, 12, 14, 19, 24, 26, 28, 30 and
 31;
 September 2, 9, 10, 16, 20, 21, 22, 23, 24 and
 30.
 October 1, 1983.
 CARRIER FILE 10-(83-29)

      Claimant Claim date

      J. 0. Howard June 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16,

      19, 20, 21, 22, 23, 26, 27, 28, 29 6 30,

      1983.

      C. M. Smith September 1, 2, 3, 4, 5, 8, 9, 10, 12, 15, 16,

      17, 18, 19, 20, 22, 24, 25, 26 and 29;

      October 1, 2, 3, 6, 7, 8, 9, and 10, 1983;

      G. D. Morrison June 2, 3, 4, 5, 7, 8, 9, 10, 14, 15, 16, 17,

      21, 22, 23, 24, 25, 28, 29 and 30;

      July 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,

      17, 18, 20, 21, 22, 23, 25, 28 and 29;

      August 1, 2, 3, 4, 5, 9, 11, 15, 16, 17, 18, 20,

      21, 26, 27, 29 and 31;

      September 1, 9, 10, 11, 15, 18, 23, 24 and 30;

      October 1, 7, 13 and 15, 1983;

      CARRIER FILE 10-(84-4)


      Claimant Claim dates

      H. A. Clifton October 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18,

      19, 22, 23, 24, 25, 26, 29, 30, 6 31;

Form 1 Award No. 27580
 Page 3 Docket No. TD-26790
 88-3-85-3-546
 November 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15,
 16, 19, 20, 21, 22, 23, 26, 27, 28, 29,
 & 30;
 December 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 17,
 18, 19, 24, 25, 26, 27, 28, & 31, 1983;
 January 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15,
 16, 17, 18, 21, 22, 23, 24, 25, 28, 29,
 30, & 31;
 February 1, 1984.

      G. A. Logan October 4, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18,

                          19, 20, 23, 24, 25, 26, 30, & 31;

                          November 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, & 30;

                          December 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 25, 26, 27, 28, & 29, 1983

                          January 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, & 31, 1984;


      L. H. Glass October 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18,


                          19, 20, 21, 22, 25, 26, 27, 28 & 29;

                          November 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, & 30;

                          December 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, & 31, 1983;

                          January 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, & 31, 1984.


      G. D. Morrison November 3, 10, 15, 16, 17, 18, 19, 24, & 25;

      December 2, 7, 8, 9, 11, 13, 14, 15, 17, 19, 20,

      21, 22, 26, 28, & 29, 1983;

      January 3, 4, 5, 27, 30, & 31, 1984.

      L. Williamson August il, 12, 13, 14, 15, 18, 19, 20, & 22;

      November 4, 5, 6, 7, 10, 11, 13, 14, 18, 19, 20,

      23, 25, 26, 27, 28, & 31, 1983;

      December 1, 2, 4, & 5, 1983;

      January 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16,

      19, 20, 21, 22, 23, 26, 27, 28, 29, & 30,

      1984.

      G. D. Wetherington October 14, 15, 26, 28, &29;

      November 4, 5, 11, 12, 18, 19, 25, 28 & 27;

      December 7, 8, 14, 16, 17, 18, 23, 27, & 30,

      1983;

      January 4, 6, 11, & 18, 1984.

Form 1 Award No. 27580
 Page 4 Docket No. TD-26790
 88-3-85-3-546
                    CARRIER FILE (10-84-8)


      Claimant Claim dates

      H. A. Clifton March 24, 25, 26, 27, 28, & 31;

      April 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16,

      17, 18, 21, 22, 23, 24, 25, 28, 29, 30;

      May 1 & 2;

      February 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18,

      19, 20, 21, 22, 25, 26, 27, 28 & 29;

      March 3, 4, 5, 6, 7, 10, 11, 12, 13, 14,

      17, 18, 19, 20, & 21, 1984.

      L. H. Glass January 24, 25, 26, 27, 28;

      February 1, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15,

      16, 17, 18, 21, 22, 23, 24, 25, 28, & 29;

      March 1, 2, 3, 6, 7, 8, 9, 10, 13, 14,

      15, 16, 17, 20, 21, 22, 23, 24, 27, 28,

      29, 30, & 31;

      April 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18,

      19, 20, 21, 24, 25, 26, 27, & 28, 1984.

      L. Williamson February 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16,

      17, 18, 19, 20, 23, 24, 25, 26, 27;

      March 1, 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17,

      18, 19, 22, 23, 24, 25, 26, 29, 30, & 31;

      April 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16,

      19, 20, 21, 22, 23, 26, 27, 28, 29, & 30,

      1984.

      G. A. Logan February 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15,

      16, 19, 20, 21, 22, 23, 26, 27, 28, & 29;

      March 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18,

      19, 20, 21, 22, 25, 26, 27, & 29;

      April 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16,

      17, 18, 19, 22, 23, 24, 25, 26, 29, & 30,

      1984.

      G. D. Wetherington February 3, 22, 24, & 26;

      March 3, 4, 9, 16, 17, 18, 19, 20, 23, 27, 28,

      30, & 31, 1984.

      G. D. Morrison February 2, 8, 10, 16, 19, 24, 25, & 26;

      March 2, 6, 8, 21, 22, 25, & 30, 1984."

Form 1 Award No. 27580
 Page 5 Docket No. TD-26790
 88-3-85-3-546
 FINDINGS:
 The Third Division of the Adjustment Board upon the whole record and
 all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

      Parties to said dispute waived right of appearance at hearing thereon.


On December 17, 1982, the Organization's General Chairmen were advised by the Carrier's Assistant Vice President-Labor Relations of various "Operating Division realignments (which) will take place January 1, 1983 on all but the Evansville, Louisville and Corbin Divisions" of the Seaboard Coast Line Railroad and the Louisville and Nashville Railroads, since merged into a new corporation known as the Seaboard System Railroad, since merged into CSR Transportation, Inc. After outlining various details of the realignments this letter states, in pertinent part:

          "At or about the time the SCL Division Superintendents' offices are abolished at Rocky Mount and Waycross, the Chief Train Dispatcher positions at those locations will also be abolished and the train dispatchers at Rocky Mount will report to the Chief Dispatcher at Raleigh and the train dispatchers at Waycross will report to the Chief Dispatche positions are abolished at these points the Trick Train Dispatchers assigned to shifts where no Assistant Chief or Night-Chief is on duty will be paid the rate of Assistant Chief Train Dispatcher.


          No physical changes will be made in the location of the train dispatching offices at Rocky Mount and Waycross at this time, nor will there be any change in the trick train dispatchers' dispatching territories effective January 1, 1983.


          The Chief Train Dispatchers will work under the jurisdiction of the Division Superintendent at the headquarters office. They will also report to Superintendents on other Divisions on matters pertaining to that Superintendent's territory which are handled by train dispatchers located at other than the Division headquarters for the territory worked.

Form 1 Award No. 27580
 Page 6 Docket No. TD-26790
 88-3-85-3-546
 Before any changes are made in the realignment of
 train dispatching territories, proper notice will
 be extended in the usual manner; however, to afford
 the Division Superintendents direct, constant
 contact with all of their assigned Operating
 Division in the interim the following is proposed:
 Chief Train Dispatchers on one Division will handle
 matters with Chief Train Dispatchers on another
 Division which are relative to their respective
 Operating Divisions and handled by train dispatch
 ers located in another dispatching office. In the
 absence of the Chief Train Dispatcher, these duties
 will be performed by the Assistant Chief or Night
 Chief Train Dispatchers except on the shifts at
 Rocky Mount and Waycross where no Assistant Chief
 or Night-Chief Dispatcher is on duty those duties
 will be per- (sic) by the Trick Train Dispatchers.
 EXAMPLE: The Chief Dispatcher at Ervin will dis
 cuss matters pertaining to territory between Bostic
 and Monroe with the Chief Dispatcher at Raleigh and
 in the absence of one or both Chief Dispatchers,
 the matters will be handled by or between the
 Assistant Chief Dispatchers. In the absence of an
 Assistant Chief Train Dispatcher at Waycross and
 Rocky Mount, matters will be handled by Trick Train
 Dispatchers."

 On May 6, 1983, the parties signed an Agreement which stated the following at Section (3)(d) 6 (e):

          "(d) The Savannah Division train dispatching office at Waycross, Georgia will be made a part of the Savannah Division train dispatching office at Savannah, Georgia.


          (e) Train dispatchers in the Waycross and Savannah dispatching offices will report to the Savannah Division Chief and Assistant Chief Dispatchers at Savannah, Georgia; whose duties and responsibilities will encompass the entire Savannah Division."


Shortly after the signing of this Agreement Trick Dispatchers at Waycross filed claims for pay at the rate of Assistant Chief Train Dispatchers. According to these claims the which had been the responsibility of the Assistant Chief Dispatchers at
 Form 1 Award No. 27580
 Page 7 Docket No. TD-26790
 88-3-85-3-546

 Waycross "prior to the positions being abolished." In his denial of the claims the Carrier's Director of Labor Relations states that the December 17, 1982 letter was not an Agreement, but an interim arrangement, and that the Agreement which was signed by the parties on May 6, 1983, states at Section (3)(e), cited above, that Savannah Division Chief and Assistant Chief Dispatchers at Savannah would assume the duties and responsibilities of the Waycross and Savannah dispatching offices. The October 19, 1984 declination letter by the Carrier's Director of Labor Relations further states that prior to the signing of the May 6, 1983 Agreement and

          ...prior to the notice being served which was required under the New York Dock Conditions, Mr. W. E. Peeler, former Manager of Labor Relations, now retired, advised you on February 14, 1983 in telephone conversation as follows:


          '...that we would pay the ACD rate to trick dispatchers at Rocky Mount and Waycross, when workin without a Chief Dispatcher or ACD, on duty at these points until such time as we could reach an agreement..."'


It is well established that this Board's jurisdiction under Section 3 of the Railway Labor Act is limited to the "...interpretation of collective bargaining contracts" (Third Division Awards 6695, 21697 inter alia). The parties signed an Agreement in May of 1983, wherein both the Organization and the Carrier signatory thereto agreed that the duties of Assistant Chief Dispatchers at Waycross, where those positions had been abolished, would then be assumed by those at Savannah to which the Waycross office would thenceforth report. It may well be, as the basis of these claims imply, that some of the duties of the Assistant Chief Dispatchers at Waycross residually remained during the time-period in question and were assumed by Trick Dispatchers. Such is not a contractual issue but one of equity. There is numerous precedent emanating from this B (or real) inequities are beyond the Board's jurisdiction (Third Division Awards 10705, 12246, 20383).

 The Organization argues that the December 17, 1982 letter by the Assistant Vice President-Labor Relations to the General Chairmen had the status of an Agreement. The Board has closely studied the language of this letter and is not able to conclude that it was other than a rendition of unilateral decisions made by the Carrier which were "outlined to (these same General Chairmen) during (a) meeting held in Jacksonville on December 10, (1982)," as the letter states. There is no language found in this letter to justify that its intent was contractual, interim or otherwise. In view of that, this claim before the Board must be dismissed.
 Form 1 Award No. 27580
 Page 8 Docket No. TD-26790
 88-3-85-3-546

        There was no Agreement violation.


                        A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
      Nancy J. 9014'r - Executive Secretary


Dated at Chicago, Illinois, this 29th day of September 1988.