C:\MYDOCU~1\SCHEDU~2\3-27766.htm

NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27766

THIRD DIVISION Docket No. TD-26798

89-3-85-3-700

The Third Division consisted of the regular members and in addition Referee Gil Vernon when award was rendered.

(American Train Dispatchers Association PARTIES TO DISPUTE:

(Seaboard System Railroad

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

CLAIM /I1A

CLAIM II1B

CLAIM I#2

CLAIM #3A

(a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant R. R. Cribb one (1) day's pay at the rest day rate applicable to Assistant Chief Dispatchers for December 10, 1983. CLAIM #3B (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for December 17, 1983. CLAIM N3C (a) The Seaboard System Railroad (hereinafter referred to as '(-the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for December 19, 1983. CLAIM 84A (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. Form 1 Award No. 27766 Page 3 Docket No. TD-26798 89-3-85-3-700 (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for November 27, 1983. CLAIM II4B (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. H. Powell one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for November 28, 1983. CLAIM N4C (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, `light Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. H. Powell one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for November 12, 1983. CLAIM AD (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for December 31, 1983. CLAIM /#4E (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Form 1 Award No. 27766 Page 4 Docket No. TD-26798 89-3-85-3-700 Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 3, 1984. CLAIM d5A (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. H. Powell one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for December 24, 1983. CLAIM 85B (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for December 27, 1983. CLAIM N6A (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working condition Agreement, including permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant R. R. Cribb one (1) day's pay at the overtime rate applicable to Assistant Chief Dispatchers for January 6, 1984. CLAIM II6B (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated itn Train Dispatchers' schedule working conditions Agreement, including Article Form 1 Award No. 27766 Page 5 Docket No. TD-26798 89-3-85-3-700 permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 7, 1984. CLAIM #I6C (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant T. L. Evans one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 18, 1984. CLAIM /I6D (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 20, 1984. CLAIM II6E (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 22, 1984. CLAIM N7A (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article Form 1 Award No. 27766 Page 6 Docket No. TD-26798 89-3-85-3-700 permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 11, 1984. CLAIM I#7B (a) The Seaboard System Railroad (hereinafter referred to as 'the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call extra train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. E. Jones one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 14, 1984. CLAIM #8A (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, 'the Carrier' shall now compensate Claimant W. E. Jones one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 28, 1984. CLAIM J#8B (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including A permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant T. L. Evans one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for January 29, 1984. CLAIM II8C (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article Form 1 Award No. 27766 Page 7 Docket No. TD-26798 89-3-85-3-700 permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (I) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for February 3, 1984. CLAIM #t8D (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions, directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant R. R. Cribb one (1) day's pay at the rest day rate applicable to assistant Chief Dispatchers for February 4, 1984. CLAIM #BE (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief.Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant R. R. Cribb one day's pay at the rest day rate applicable to Assistant Chief Dispatchers for February 5, 1984. CLAIM II9A (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant R. R. Cribb one (1) day's pay at the over-time rate applicable to Assistant Chief Dispatchers for February 6, 1984. CLAIM ##9B (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated it. Train Dispatchers' schedule working conditions Agreement, including Article Form 1 Award No. 27766 Page 8 Docket No. TD-26798 89-3-85-3-700 permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant C. E. Mattox one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for February 7, 1984. CLAIM #9C (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for February 13, 1984. CLAIM #9D (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatcher for February 18, 1984. CLAIM #9E (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier'), violated its Train Dispatchers' schedule working conditions Agreement, including Article permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for February 19, 1984. Form 1 Award No. 27766 Page 9 Docket No. TD-26798 89-3-85-3-700 CLAIM I#9F (a) The Seaboard System Railroad (hereinafter referred to as ('the Carrier') violated its Train Dispatchers' schedule working conditions Agreement, including Article I permitted and/or required persons other than Chief Train Dispatchers, Night Chief Dispatchers, and Assistant Chief Train Dispatchers to issue instructions directly to crew clerks instructing them to call regular train service. (b) Because of said violation, the Carrier shall now compensate Claimant W. B. Watson one (1) day's pay at the pro-rata rate applicable to Assistant Chief Dispatchers for February 23, 1984." 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. As Third Party in Interest, the United Transportation Union (Yardmaster Department) was advised to file a Submission with the Division. A review of this rather extensive record shows that there is no material difference between this The operative facts are the same, the evidence is the same and the arguments are the same. Therefore, for the reasons expressed in Third Division Award 27765, these claims are denied. A W A R D Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: ancy J. 16e - Executive Secretary Dated at Chicago, Illinotq, this 2nd day of March 1989.