NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Howard A. Johnson, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY-Eastern Lines
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Atchison, Topeka and
Santa Fe Railway Company that:
The positions of Signal Maintainers with headquarters at Joliet,
Willow Springs, and McCook should have been classified as CTC
Signal Maintainer, and the Signal Maintainers assigned to these
positions, which are presently assigned to O. M. Middleton, W. L.
Gladbach and J. L. Almond, be paid the difference between the rate
of pay of Signal Maintainer and the rate of pay of CTC Signal
Maintainer beginning January 1, 1955, which is 60 days prior to
the date claim was presented, and continuing so long as these positions are a part of the continuous CTC system between eastward
approach circuits west of Romeo, near Mile Post 32, and the westward approach circuit east of McCook Station, near Mile Post 9 on
the Illinois Division.
EMPLOYES' STATEMENT OF FACTS:
The Signal Section, Association of American Railroads, defines Centralized Traffic Control as follows:
"A term applied to a system of railroad operation by means of
which the movement of trains over routes and through blocks on a
designated section of track or tracks is directed by signals controlled
from a designated point without requiring the use of train orders
and without the superiority of trains.
"Centralized traffic control is the term used to designate the
complete modern system that has been developed to provide an economical means for directing the movement of trains by signal indications without the use of train orders.
(1317
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Agreement which specifically states that such installations do not change the
classification of signal maintainer.
Since the Carrier has established beyond a shadow of a doubt that (1)
neither all nor a part of the claimants' assigned sections or territories are
included in a continuous CTC installation and (2) the installation which is
the basis of the Employes' claim is simply an "individual segregated remote
control installation", as that term is used in Article I, Section 6-(b) of the
Signalmen's Agreement, it should be obvious that the Employes, are, through
the medium of their claim in the instant dispute, attempting to have the
Board amend or revise the aforementioned Article 1, Section 6-(b) by eliminating the last sentence thereof. Without reciting the numerous awards of
the Third Division that have so held, it is sufficient to say that the Board has
repeatedly and consistently recognized that it is without authority to add to,
take from or otherwise amend or revise agreement rules as written and agreed
to by the parties to a dispute.
In conclusion, the Carrier respectfully reasserts that the claim of the
Employes in the instant dispute is wholly without merit or support under the
Signalmen's Agreement and should, for the reasons previously stated herein,
be either dismissed or denied in its entirety.
The Carrier is uninformed as to the arguments the Organization will
advance in its ex parts submission and accordingly reserves the right to submit
additional facts, evidence and argument as it may conclude are required in
replying to the Organization's ex parts submission or any subsequent oral
arguments or briefs placed by the Organization in this dispute.
All that is contained herein is either known or available to the Employes
or their representatives.
(Exhibits not reproduced.)
OPINION OF BOARD: This Claim, presented on March 1, 1955, was
that there was a "continuous CTC system between eastward approach circuits
west of Romeo, near Mile Post 32, and the westward approach circuit east of
McCook Station, near Mile Post 9 on the Illinois Division", as of January 1,
1955, and that the positions of Signal Maintainers with headquarters at
Joliet, Willow Springs and McCook should have been classified as CTC Signal
Maintainers as of that date.
A section of about 14.4 miles is involved in this claim. Its history is
that on April 5, 1949, a mechanical interlocking plant at Romeo was eliminated and the 4 switches and 4 signals there were thereafter controlled by a
control machine in .the depot at Willow Springs, 11.9 miles to the cast; on and
after June 13, 1951, a switch and signal near McCook, about 2.5 miles east
of Willow Springs, were controlled by the control machine there; on April 9,
1953 the control machine was replaced by a larger one to control the Romeo
and McCook switches and signals and also to replace a mechanical interlocking
plant at Willow Springs; on July 9, 1953, traffic reversal was extended from
Willow Springs to Mile Post 14.2 near McCook; when this claim was presented on March 1, 1955, the control machine at Willow Springs controlled
14 signals and 7 switches nearby, 4 signals and 4 switches near Romeo, and
6 signals and 4 switches near McCook.
Time Table No. 91, then in effect, did not designate this section or any
part of it as CTC territory, but designated it entirely as within the Automatic
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Block System, the Operating Rules for which are inconsistent with those for
CTC in referring (Rule 514) to "other authority" than signals.
This section was also designated in the Time Table as traffic reversal
territory, by Special Rule No. 7, providing as follows:
"7. TRAFFIC REVERSAL.
"Between Interlocking MP 3.1 and Joliet U. S.
"Operators will not display proceed signal for movement against
the current of traffic without train order authority, except operators
may authorize such movements entirely within yard limits.
"If trains are to use the other main track without signal indication, move must be authorized by numbered clearance card en-
"If train or engine is stopped by a stop signal, it must stay until
authorized to proceed by signal, or telephone advice from the
operator. Be governed by Rule 509(a).
"To avoid misunderstanding, instructions or information received by telephone must be repeated to employes from which
received and names and occupations of employes stated.
"Switch indicators are operative only with normal direction of
traffic. At switches where there is no head out signal, obtain permission from operator before occupying main track regardless of
position of switch indicator. If communication fails, main track
may be used under flag protection with front and rear protected
until next home signal is passed.
"Except as affected by these rules block signal and train rules
remain in force." (Emphasis added.)
Thus train movements over this area are governed, not solely by signal
indications, but also by train orders. Therefore under the definition and
description of CTC adopted by the parties this territory cannot be said to
have been designated as CTC territory. The Agreement is the same, and the
facts, arguments and issues essentially the same as in Awards 9060 and 9061,
and for the reasons therein stated this Claim must be denied.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
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That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of November, 1969,