Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27602
THIRD DIVISION Docket No. TD-27574
88-3-87-3-185
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claims on behalf of E. A. Cratin for December 21, 22, 23, 30, 31,
1985; January 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 27,
28, 29, 31; February 4, 5, 6, 7, 10, 11, 12, 13, 18, 19, 20, 25, 26, 27, 28;
March 3, 5, 6, 10, 11, 13, 14, 19, 20, 21, 25, 26, 27, 28 and 31, 1986 for
eight (8) hours pay each at Assistant Chief Train Dispatcher's Rate for dispatching work that was fo
Dispatcher in the Philadelphia Division Office until November 11, 1985 when
division boundaries were changed.
Claims were presented in accordance with Rule 2 - Seniority. In
particular with that part of the paragraph of the consolidation notice dated
December 7, 1984, 'the Consolidation described above will not result in any
reduction of train dispatching territory and there will be no reduction in the
number of train dispatchers positions."'
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 employees 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 were given due notice of hearing thereon.
This dispute concerns an extensive series of claims arising from the
Carrier's action in realigning the operating division boundary between New York
and Philadelphia from Milepost 57 at Trenton, New Jersey to Milepost 76 at
Holmesburg, Pennsylvania Dispatching responsibility for this trackage was transferred from Dispatchi
The Claimant is an Assistant Chief Dispatcher headauartered in Philadelphia.
The Claimant initiated claims on February 19, 1986, for a series of
dates commencing November 13, 1985. Claims for later dates were initiated on
April 3, 1906. Prior to presentation to this Boara, these identical claiuns
were consolidated. In so doing, the Organization dropped those claims for dates
more than 60 days prior to February 19, 1986, and also corrected several other
dates.
Form 1 Award No. 27602
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The Board does not find, as the Carrier contends, that the dispute
before the Board is substantially different from that presented on the property. The issue as to the
the dispatching territory from Philadelphia to New York was never in doubt,
and the citation of the dates is secondary to the issue itself.
The Carrier also contends that only a claim within 60 days after the
initial dispatching territory change would have been valid (if timely filed)Since the change was a c
By way of background, the Carrier on December 7, 1984, gave more than
90 days' notice to the Organization of the "consolidation of the Baltimore and
Philadelphia Train Dispatchers offices." In the letter of notification, the
Carrier stated:
"The consolidation described above will not result
in any reduction of train dispatching territory. . ."
On October 8, 1985, the Carrier gave notice of less than 90 days of
the change which is the basis of the dispute here under review. The Carrier
stated in pertinent part as follows:
"This is to advise you that it is the Carrier's intention to realign the operating divisions on
11, 1985, by establishing the division boundary between the
New York and Philadelphia divisions at MP. 76, east of
Holmes. Therefore, this will serve as the requisite
thirty (30) day notice of the change in the respective
territories in accordance with the provisions of Rule 2
(h)1 of Part I of the Schedule Agreement.
The recent consolidation of the Baltimore and Philadelphia
divisions has made it desirable to consolidate the operating,
reporting, and administrative functions for the territory
between Trenton (MP.57) and MP.76 under the New York division.
That portion of dispatching district "A" in Philadelphia encompassing the territory between MP.76 an
transferred to and made part of dispatching district "B" in
New York . . . .
The proposed changes will not result in the elimination
or addition of dispatching districts in either Philadelphia
or New York."
The referenced Rule 2 - Seniority reads in part as follows:
Form 1 Award No. 27602
Page 3 Docket No. TD-27574
88-3-87-3-185
"(h) 1. When dispatching territories are changed within
an office, not less than thirty (30) days advance notice thereof
shall be given in writing by the Director of Labor Relations
to the General Chairman and conference thereon shall be had
at the request of either party.
2. When dispatchers offices are to be consolidated,
or part of a dispatchers territory is to be transferred to
another office, not less than ninety (90) days notice in
writing shall be given to the General Chairman, by the Direc
tor of Labor Relations, in cases that will require a change
in a Train Dispatchers residence."
In the Board's view and concurring with the Organization, Rule 2
(h) 1, on which the Carrier relies in its letter, is inapplicable since the
territory change was not "within an office" but, rather, between Philadelphia and
New York. On the other hand, the Board finds equally inapplicable the Organi
zation's contention that 90 days' notice of the change was required under Rule
2 (h) 2. That section is applicable, as stated in the Rule, "in cases that
will require a change in a Train Dispatchers residence." Such did not occur here.
The Organization additionally relies on the Carrier's assurance in
its December 7, 1984 letter (involving the Baltimore-Philadelphia consolidation) that such "will not
territory." The Organization argues that the Carrier has violated its own
commitment when it did reduce the Philadelphia office territory 11 months later.
The Organization's position is understandable, in view of the
Carrier's October 8, 1985 letter, quoted above, which states that the "recent consolidation of the B
desirable" to initiate the further change here under review.
The Carrier, however, alleges that the change was made for the purpose of consolidating "the ope
and was _not a result of the Philadelphia-Baltimore consolidation. The Carrier
alleges that the Organization was so advised in conference on the dispute.
Examination of the record fails to disclose that the later change arose as a
direct consequence of the earlier change. Other factors involving the relationship of the New York D
Division were involved.
As to Rule 2 (h) 1, the Carrier did provide 30 days' notice, even if
the change was not "within an office." The 90-day notice under Rule 2 (h) 2
is not applicable, since there was not a required change in residence. The fact
that no reduction in Train Dispatcher positions occurred in the PhiladelphiaNew York realignment is
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A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 27th day of October 1988.