Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27831
THIRD DIVISION Docket No. TD-27729
89-3-87-3-512
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
(Eastern Lines)
STATEMENT OF CLAIM: "Claim of the American Train Dispatchers Association
that:
(a) The Southern Pacific Transportation Company (hereinafter
referred to as 'The Carrier'), violated its Train Dispatchers' schedule
agreement including Rule 2, (a) and (b), when it required Trick Train
Dispatchers and Chief Train Dispatchers in the Lafayette, LA. office to
perform duties other than those specified in said Rule 2, (a) and (b), i.e.,
issuing instructions concerning the yarding of trains at Lafayette Yard on and
after 11 P.M., Monday, August 25, 1986.
(b) Because of said violation, the Carrier shall now compensate each
Trick Train Dispatcher and/or Chief Train Dispatcher who is required to issue
the yarding instructions referred to in paragraph (a) above, one (1) day's pay
at the rate applicable to Yardmaster's at Lafayette Yard (prior to the abolishment of such positions
August 25, 1986.
(c) The identities of individual Trick Train Dispatchers and/or
Chief Train Dispatchers eligible for the compensation requested in paragraph
(b) above by reason of being required to issue the yarding instructions, are
readily ascertainable on a continuing basis from Carrier's records, and shall
be determined by a joint check thereof in order to avoid the necessity of presenting a multiplicity
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 were given due notice of hearing thereon.
Form 1
Page 2
Award No. 27831
Docket No. TD-27729
89-3-87-3-512
As Third Party in Interest, the Western Railway Supervisors Association, representing Yardmaster
and filed a Submission with the Division.
On August 25, 1986, the Yard Engine and the position of Yardmaster on
the third shift at Lafayette Yard were eliminated. A memorandum was issued
instructing Dispatchers that the second-trick and third-trick Dispatchers
would assume some responsibility for acquiring information about the yard from
the second-shift Yardmaster and controlling the yard on the third shift.
The Organization took exception to the change at Lafayette and filed
a Claim contending that the work being assigned to the Train Dispatchers was
work belonging to the Yardmasters and that, as such, the assignment of the
work to the Dispatchers violated the Scope Rule of the Dispatchers' Agreement.
Rule 2 (a) and (b) reads as follows:
"RULE 2. DEFINITIONS
(a) Chief Dispatcher (wholly excepted, Rule
1, Item 1)
Chief Dispatcher (Rule 1, Items 2 and 3)
Chief Train Dispatcher
Assistant Chief Train Dispatcher
These classes shall include positions in which the
duties of incumbents are to be responsible for the
movement of trains on a division or other assigned
territory, involving the supervision of train dispatchers and other similar employes; to supervise
the handling of trains and the distribution of
power and equipment incident thereto; and to perform related work.
(b) Trick Train Dispatcher
Relief Train Dispatcher
Extra Train Dispatcher
These classes shall include positions in which the
duties of incumbents are to be primarily responsible for the movement of trains by train orders, or
otherwise; to supervise forces employed in handling
train orders; to keep necessary records incident
thereto; and to perform related work."
The Carrier contends that the tasks now being performed by Train
Dispatchers (that of passing on information from the second-shift Yardmaster
to train crews on the third shift at the Lafayette Yard) is work of the type
that has always been performed by Dispatchers. In fact, Carrier makes the
following statement in the record which went unrefuted:
Form 1 Award No. 27831
Page 3 Docket No. TD-27729
89-3-87-3-512
"The 'issuing (of) instructions concerning the
yarding of trains at Lafayette' and at other
locations on the Lafayette Division has been
performed by Agents, Clerks, Carrier Officers and
Train Dispatchers for more than twenty (20) years."
The Western Railway Supervisors Association has apparently filed a
Claim alleging that the work in dispute belongs to it. This Division,
however, is only charged with resolving the case before it presented by the
Train Dispatchers.
After a review of the material presented and the Awards offered by
each side, this Board has concluded that the work now required to be performed
by Train Dispatchers is work that is not outside the scope of Dispatcher
duties and that Carrier did not violate the Agreement by requiring it.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J~rer - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.