Docket No. TE-5013
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Hubert Wyckoff, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Illinois Central Railroad Company,
that the Carrier is in violation of the provisions of the existing agreement:
1. When it requires the occupant of the monthly rated position of Car Distributor at Waterloo, Iowa, to assume and perform
the duties of the operator at Waterloo, Iowa, an hourly rated
employe, on Saturday, in addition to his own duties, an assigned
rest day of the operator, beginning with the first Saturday in
September 1949, which duties are those normally performed by
the operator at Waterloo, assigned hours 8:00 A. M., to 4:00
P. M., Monday through Friday, inclusive, and
2. Beginning with the first Saturday that the violation cited
in paragraph 1 was placed in effect and continuing until the violation is corrected, the Carrier shall compensate the senior available
extra employe at the straight time rate of the operator's position
with a minimum of eight hours, or, of no extra employe is available, then the Carrier shall compensate the employe who occupies
the position of operator at Waterloo, Monday through Friday,
for eight hours at the time and one-half rate."
EMPLOYES' STATEMENT OF FACTS:
There is an agreement in
effect between the parties dated June 1, 1939, amended as to rates of pay
on various dates, amended as to rules covering working conditions on
various dates, the next previous amended rules being those contained in
Memorandum No. 5 signed at Chicago, Illinois, July 18, 1949.
At Waterloo, Iowa, the Organization represents the occupants of
positions of:
1. Car distributor-operator-a monthly rated position.
2. 1st trick operator -8 A. M. to 4 P. M.
3. 2nd trick operator-4 P. M. to 12 M.
4. 3rd trick operator 12 117. to 8 A. M.
5. Operator-Clerk.
6. Operator-Clerk.
All positions except the car distributor are hourly rated.
Prior to September 1, 1949, the car distributor operator position at
Waterloo had no assigned hours and no assigned rest day.
18711
5272-21 $yl
proper officer, an investigation will be held promptly at the station
at which the employe may have a representative of his choice
present. If, as result of such investigation there is a difference of
opinion, the parties to the investigation shall make a written joint
report hrough the usual channel to the Manager of Personnel."
The NATIONAL TRANSPORTATION POLICY of The Interstate Commerce Act states in part:
"It is hereby declared to be the national transportation policy
of the Congress * * * to promote safe, adequate, economical and
efficient service and foster sound economic conditions in transportation * * *", and
Section 15a(2) of the Act prescribes in part:
"In the exercise of its power to prescribe just and reasonable
rates the Commission shall give due consideration * * * to the need,
in the public interest, of adequate and efficient railway transportation service at the lowest cost consistent with the furnishing of
such service; and to the need of revenues sufficient to enable the
carriers, under honest, economical and efficient management to
provide such service", and
In the annual report of the I.C.C. for 1948 the Commission said: ,
"*
* * the railroads should do 'much more' in the fields of
increased efficiency and reduction of operating costs. The Commission further said it was aware of 'the many efforts which railroads individually and to some extent collectively are making to
increase the efficiency of particular operations,' but it added 'Opportunities of this kind extend from the multitude of minor day to day
operations to large scale change in practices which require both
careful planning and substantial capital investments. A thorough
searching out of better ways of doing this lesser things which constitute a railroad's-day's work must be undertaken. Bold experimentation with new devices and methods seems to be required in
some instances.' "
In summation it is the position of the Carrier that:
(a) It is not a violation of the existing agreement to combine the
duties or work at stations of agents and operators, or employes of the same
craft, because of inauguration of the 40-hour work week because all of the
makers of the agreement have evidenced it was the intent and purpose in
making of these rules that the work covered by the agreement will be combined wherever and whenever possible to insure a forty-hour week to the
employes.
(b) It is not a violation of paragraph (e) of Rule 19, Section 1 of the
existing agreement in not establishing relief positions where there is not
sufficient duties or work to justify it.
(c) It is not a violation of paragraph (b) of Rule 19, Section 3, of
the existing agreement to assign monthly rated employes work to fill out
their time on the sixth day of their weekly assignment because the agreement provides that such employes may be used on the sixth day of the work
week to the extent needed without additional compensation.
(Exhibits not reproduced.)
OPINION OF BOARD:
For the reasons stated in Award 5271 the
claim is sustained.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
5272-22
892
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claim sustained at the pro rata rate.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: A. I. Tummon
Acting Secretary
Dated at Chicago, Illinois, this 20th day of March, 1951.