NATIONAL RAILROAD ADJUSTMENT BOARD
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 exclusive monthly rated
position at Independence, Iowa, to assume and perform
the duties of the operator, an hourly rated employe, in addition to his own duties, on Saturday, 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 Independence, 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 ticket clerk position with a minimum of eight
hours, or, if no extra employe is available, then the Carrier
shall compensate the employe who occupies the position
of operator ticket clerk at Independence, 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 Independence the Organization represents the occupants of positions
of:
Agent-monthly rated employe,
1st operator-Ticket Clerk,
2nd operator-Ticket Clerk,
3rd operator-Ticket Clerk.
The three operator-Ticket Clerk employes are hourly rated.
Prior to September 1, the agent had no assigned hours and no assigned
rest day, the 1st trick operator-ticket clerk, assigned hours 8:00 A. M. to
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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 through 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 prescribed 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 these 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 811 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: 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:
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914
That the Carrier and the Employes involved in this dispute are respec-
tively 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.