AWARDS 118 - DISPATCHERS RUN ROAD - NOT YARD

Public Law Board No. 2938, Award No. 6 (Seidenberg)

"The Board finds that the weight of the evidence supports the Organization's position rather than the Carrier's.

"The Board finds that the specific instances of Train Dispatchers issuing instructions to train crews set forth in the Statement of Claim, constitute making up and breaking up of trains. The Carrier has not refuted or rebutted the specific allegations contained in the several claims, and the Board must accept them as fact.

"The Board finds that the Carrier is misapplying the term `supervision of road crews.' It is beyond cavil that Train Dispatchers supervise road crews but within the area of dispatcher duties rather than yardmaster duties. The very Time Table No. 4 cited by the Carrier illustrates that the Dispatcher controls the flow of traffic. The Dispatcher, for example, grants permission to go against the flow of traffic, when not protected by the interlocking: when to occupy the main line, when the train must keep to the right on a double track, etc. There is no probative evidence that Train Dispatchers may properly assign road crews to pick up, or set off cars or to make up or break up trains, or direct general yard switching.

"The Board finds that Rule 2 of the Yardmaster's Schedule Agreement clearly assigns the work of instructing and supervising crews engaged in performing yard duties and general yard switching to yardmasters, and not to Train Dispatchers.

"The Board finds that in this industry the duties of these two crafts are clearly delineated and one is not subsumed within the scope of the duties of the other. The Board finds that the Carrier has not adduced probative evidence to show that on this property generally, or in the Omaha-Council Bluffs Terminals specifically, the customary and usual duties of Train Dispatchers, including Bridge Dispatcher, encompasses the duties of supervising either road or yard crews engaged in making or breaking up trains or engaged in performing general yard switching.

"In light of these Findings, the Board has no recourse but to sustain the claims."