Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28712
THIRD DIVISION Docket No. TD-27774
91-3-37-3-591
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:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the American Train Dispatchers Association that:
(a) The Chicago and North Western Transportation Company, herein referred to as
the 'Carrier' violated the current Schedule Agreement when it did not provide relief for
the Chief Train dispatcher's position Job No. 001 While Mr. A. L. Amundson, Jr. was on
vacation .June 16, 17, 18, 19 and 20, 1986
Extra Dispatcher '). ?. Stowe lid not work any other assignment and was
available to work this position on June 16, 17, 18 and 19 while it was being blanked.
Extra Dispatcher 'd. J. Turnbull did not work any other assignment and was available to
work this position on June 20 while it was being blanked.
(b) The Carrier shall now compensata the individual Claimants in accordance
with their time claims submitted the Carrier for violation of Rule 14(b), viz:
June 16, 1996 D. L. Stowe $193.33
June 17, 1986 D. L. Stowe 193.33
Tune 13, 1986 D. L Stowe 193.33
June 19, 1986 D. L. Stowe 193.33
June _0, 1986 't. J. Turnbu1l 193.33"
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all
the evidence, finds that:
The carrier or carriers and the Imploye 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.
Form 1 Award No. 28712
Page 2 Docket No. TD-27774
91-3-87-3-591
The Chief Train Dispatcher at Boone, Iowa, was on vacation from June
L6 through 20, 1986. Carrier blanked the position for this period. The Organ
ization contend, that Rule 14(b) of the current Agreement requires that Car
rier FILL the Chief Train Dispatcher's position as a temporary vacancy. Rule
14(b)
reads as follows:
"Rule 14(b)
(1) Temporary vacancies of less than seven (7)
calendar lays duration will be filled at pro
rata rate to the following order."
Carrier contends that It is not required to provide vacation relief for a Chief
Train Dispatcher. It argues that the organization has not identified any Agreement Rule
that requires Carrier to provide vacation relief and that the Chief Train Dispatcher's
position is only subject in this instance to Rule
5(a), (b), (c), and Rule
This Board has reviewed the language relied on by both parties, as well as the
Awards submitted in support of their respective position. It is the Board's opinion that
the better reasoned Awards and the more specific Agreement language support. the
organization's position. Rule 14(b)1 indicates that temporary vacancies will be filled.
The Board can find no basis on which r-) ignore this direction. It is the Board's opinion
that the Chief Train Dispatcher's position should have been filled under this Rule. It is
al;o this Board's .)pinion that Claimants should be paid at the straight-time rate wit')
aiiv protectton benefits received by them offset.
A W A R D
CLAIM sustained in accordance with the
Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
r
attest:'
~Qjr
i`sncy .J. 13'a r - Executive Secredary
Dated at Chicago, Illinois, this 28th day of March 1991.