STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
EMPLOYES' STATEMENT OF FACTS: There is in effect an Agreement between the Pennsylvania Railroad Company, the Long Island Rail Road Company and Train Dispatchers, Movement Directors, Power Directors and Assistant Power Directors, (employes of said carriers) represented by the American Train Dispatchers Association. Part li of said Agreement containing Regulations governing rates of pay and working conditions of Movement Directors became effective August 1, 1943. Said Agreement is on file with your Honorable Board and is, by this reference, made a part of this submission as though fully incorporated herein. It will, hereafter, be referred to as the Agreement.
accrue to Movement Directors; and that the Claimants are not, therefore, entitled to the compensation which they claim.
The Carrier demands strict proof by competent evidence of all facts relied upon by the Claimant, with the right to test the same by cross-examination, the right to produce competent evidence in its own behalf at a proper trial of this matter, and the establishment of a record of all of the same.
All data contained herein have been presented to the employes involved or their representatives.
OPINION OF BOARD: This case presents the question whether the Carrier violated the Agreement by creating positions on its Chicago Division titled "Terminal Directors" and assigning to them individuals who did not hold seniority rights as Movement Directors or Assistant Movement Directors (also called Powermen).
The basic functions of a Movement Director consist of balancing power, crews and car supply. This means that he is responsible for having the proper number of motive power units, crews in both passenger and freight service, and freight and passenger cars at the proper locations where and when tey are needed.
In carrying out these basic functions, a Movement Director must assume other incidental responsibilities and perform other incidental duties such as securing relief for employes about to be outlawed under the 16-hour law; seeing that yards are functioning properly and that cars are moving through the yards with the necessary promptness; maintaining check on the road movement of both passenger and freight trains; keeping himself informed as to what trains are coming onto his Division and what their consist is; dealing with wrecks and other emergencies by arranging for relieving crews, storing trains, detouring traffic and calling wreck and other forces; keeping track of all elays to trains; and making necessary reports of all these operations on his trick for the purpose of supplying current information to the Division officers and to the Movement Director who relieves him.
The reports which a Movement Director is required to make include statements of the number of trains and cars moved during his trick and to be moved at the close of his trick; the situation at various terminals on the Division with respect to power and crews and other special reports of unusual occurrences or situations arising on his trick.
In an ordinary situation, a Movement Director is mainly concerned with the movement of passenger and freight traffic to from and on an operating division; and a Yard Master is responsible for the making up, breaking up and movement of trains within a yard. An intra-yard break down is, therefore, of no immediate concern to the ordinary Movement Director, unless it affects movements for which he is responsible.
While Movement Directors are ordinarily concerned mainly with road supervision, on two terminal divisions of this Carrier-at Philadelphia and at Chicago (prior to November 1, 1949)-the duties and responsibilities of the Movement Directors have been confined to intra-terminal or inter-yard train movements, as distinguished from road movements. On November 1, 1949 the Carrier abolished its Logansport Division, portions of which were then merged with the Chicago Terminal Division to form the present Chicago Division. This merger thus put upon these Movement Directors the responsibility for road movements as well as infra-terminal movements.
February 6, 1960, the Train Master established the three Terminal Director positions in question with these instructions: 5628-13 34g
The duties and responsibilities of these Terminal Directors were confined to intra-terminal movements and involved a detailed supervision far more concentrated than that ever before required of, or practiced by, the Movement Directors. It is said that these Terminal Director positions were established as an experiment to increase the efficiency of yard operation in the Chicago terminal area of the Chicago Division, by more closely coordinating movements between yards, keeping account of freight on hand in each yard and following each transfer run.
FIRST: The Scope Rule does not define and does no more than to specify the positions of Movement Directors, Assistant Movement Directors, Powermen and reliefs or extras. But there is no dispute about the basic function of the positions; and the basic function is the same whether the work is performed in a terminal area, on an operating division or on a combination of both. Supervision over intra-terminal movements may differ from supervision over road movements, but it is the same class of work performed by all Movement Directors and it was the only work traditionally performed by Movement Directors in the Chicago Terminal Division since the Agreement was adopted in 1943 until the merger in 1949.
SECOND. It is said by the Carrier that Movement Directors are mere policemen for the Train Master, whereas the Terminal Directors were vested with authority to give direct instructions with regard to specific work to be performed by a given crew. But both positions had the same responsibility, which was the efficiency of intra-terminal movements; and implementing the responsibility with additional authority did not change the nature of the function.
THIRD. Nor was the basic character of the work changed by the requirement of its specialization and concentration upon minute details. The specialization was no more than a subdivision of the basic function; and the concentration upon the detail was not a new end in itself, but only a supposed means of improving performance of the basic function.
FOURTH. In view of these considerations we conclude that this Scope Rule covered supervision of intra-terminal as well as road movements in the Chicago Division; and that neither the additional authority vested in the Terminal Directors nor the additional concentration upon detail required of them altered the fact that they were performing Movement Directors' work.
The appointment of Terminal Directors at Baltimore in 1946 and similar positions elsewhere (when does not appear) does not operate as an estoppel (Awards 1235, 2169, 4528, 4635 and 4720).
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:
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; 5628-14 349