NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
1. Carrier violated and continues to violate the agreement between the parties when, effective July 10, 1956, it declared abolished the two positions of telegrapher-towerman at PM Tower, Michigan City, Indiana and without mutual agreement removed the work of the positions from the agreement and transferred it to employes not covered by the agreement.
2. Carrier shall compensate J. E. Daniels, regularly assigned incumbent of the first shift position, one day's pay on each date suspended from and deprived of the work of his position commencing July 10, 1956 continuing until the date he left the service of the Carrier, thereafter compensate the senior idle employe on the seniority district (extra in preference) one day's pay on each work day of the position until the violation is corrected.
3. Carrier shall compensate R. L. Rafferty, regularly assigned incumbent of the second shift position, one day's pay on each date suspended from and deprived of the work of his position commencing July 10, 1956 continuing until the date he left the service of the Carrier, thereafter compensate the senior idle employe on the seniority district (extra in preference) one day's pay on each work day of the position until the violation is corrected.
5. Carrier shall compensate all other employes adversely affected for any wage loss suffered; and
EMPLOYES' STATEMENT OF FACTS: The agreements between the parties are available to your Board and by this reference are made a part hereof.
Several rates of the agreement are involved and will be introduced and discussed during the course of this submission. Rule 1, Scope, is primarily the rule violated and particularly paragraph (b) of that rule, which reads:
"PM" Tower is located on the Michigan City Branch, :Main Line of the Carrier at Michigan City, Indiana, about two miles south of the Moron freight house and adjacent to the Monon roundhouse. Employes under the Telegraphers' Agreement have performed the work at this location for many years. Positions at "PM" Tower have been listed in the wage scales of all the agreements between the parties. The current agreement, effective May 1, 1953, lists two positions of telegrapher-towerman at "PM" Tower. At the time cause for this claim arose, the assigned hours of the first shift position were 7:00 A. M. to 3:00 P. M. seven days per week with Saturdays and Sundays as rest days; assigned hours of the second shift position 3:00 P. M. to 11:00 P. M., with Mondays and Tuesdays as rest days. J. E. Daniel was regularly assigned to the first shift, R. L. Rafferty was regularly assigned to the second shift and J. A. Carver was regularly assigned to the relief position which afforded rest day relief at "PM" Tower and worked the fifth day at another location.
The work performed by the occupants of these positions at "PM" Tower was the operation of a manual interlocking plant to control the movements of both Monon and C&0 (PM District) trains over the crossing at that point, this necessitated some communication with the train dispatcher in connection with these movements; in addition to the interlocking operation all train orders and clearances were handled for outbound trains; all trains were "OS"'ed to the dispatcher; all messages and reports to and from the adjacent round house were handled; the exchange of messages between the C&O and the Monon were handled in fair volume as this was a car interchange point between the, two carriers. Also the occupants of the telegrapher positions at "PM" Tower performed all the work in connection with this interchange of cars, checking the cars on the tracks and making up and forwarding all necessary reports.
It is noted also that claim presented in behalf of named claimants is for one day's pay each day until leaving the service. We understand that proper penalty in any event should not exceed actual loss resulting from the action here questioned.
In conclusion the Carrier submits that the claim should be denied-first account employes' failure to "institute proceedings" before the Board within the nine month time limit as provided in paragraph (c) of Article V of Agreement dated August 21, 1954; however, should the Bord not so hold, the claim should be denied as being without merit or rule support.
It is hereby affirmed that all information and data herein set forth has been furnished to, discussed with or known to the representatives of the Organization.
OPINION OF BOARD: The Carrier operates a terminal at Michigan City, Indiana. The Carrier had entered into an agreement with the C & O Railroad allowing the C & O to cross Carrier's line at this point. In 1956 the C & O installed a new automatic interlocking signal plant at this crossing. The telegrapher-towermen positions at the crossing were abolished. The Petitioner contends that the positions could not be abolished. They further contend that the agreement with the C & O cannot be considered because a copy was not submitted as required by Circular No. 1. The Petitioner did not deny the existence of the Agreement, therefore it was not necessary for the Carrier to prove the terms and existence of the Agreement.
The work involved herein existed for the Claimants because of the contract with the C & O.
The C & O exercised their right and withdrew the work. Awards 6210, 5878 and 3450 are in accord. 11398-24 456