Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32779
Docket No. TD-33170
98-3-96-3-605

The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

(American Train Dispatchers Department/International ( Brotherhood of Locomotive Engineers PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis

STATEMENT OF CLAIM:



FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.
Form 1 Award No. 32779
Page 2 Docket No. TD-33170
98-3-96-3-605



Claimant works as an extra Dispatcher, but also works as a Clerk when not working as a Dispatcher. On weekdays, Carrier normally has two Dispatcher positions, West Belt and Merchants, on each shift. On October 11, 1995, Carrier assigned Claimant to a second shift clerical position in the Gratiot Tower. Also on October 11, 1995, Carrier assigned C.1. Volner, an extra Dispatcher who was senior to Claimant, to the third shift Merchants position. Carrier blanked the second shift West Belt Dispatcher position for October 11, 1995.


On October 12 and 13, Carrier assigned Claimant to the second shift, West Belt Dispatcher position. Carrier assigned Mr. Volner to the third shift Merchants position.


The Organization contends that Carrier was required to assign Mr. Volner to second shift West Belt position and Claimant to the third shift Merchants position on all three days. The resolution of this claim turns on the validity of Carrier's actions in blanking the second shift West Belt position on October 11.


During handling on the property, the Organization did not cite any Rule specifically prohibiting Carrier from blanking a position, such as the second shift West Belt. Furthermore, the Organization provided no proof that any West Belt dispatching work was performed on the second shift on October It, 1995. See Third Division Award 30454. Accordingly, we are unable to find that Carrier violated the Agreement when it assigned Mr. Volner to the third shift Merchants position and blanked the second shift West Belt position. Moreover, on October 12 and 13, Mr. Volner was unavailable to work the second shift due to the Hours of Service Act. Therefore. Carrier acted properly in assigning Claimant to the second shift West Belt position on those days.





Form I Award No. 32779
Page 3 Docket No. TD-33170
98-3-96-3-605



This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.



                      Dated at Chicago, Illinois. this 23rd day of September 1998.