TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Rock Island & Pacific Railroad, that:
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties, effective August 1, 1947, as amended and supplemented, is available to your Board and by this reference is made a part hereof.
The territory upon which this violation occurred is known as Subdivision 36 of the Missouri-Kansas Division of this Carrier's lines. This Subdivision extends from Kansas City, Missouri to Herington, Kansas. Between Kansas City and Topeka, Rook Island trains operate over the Union Pacific tracks and are subject to Union Pacific rules under the supervision of Union Pacific Train Dispatchers. Between Topeka and Herington, a distance of about SO miles, Rock Island trains operate over Rock Island tracks subject to Rock Island rules and under the supervision of Rock Island Train Dispatchers. This is train order territory with nine train order offices. The time table in effect at the time cause for this claim arose, designates this territory as "Two Main Tracks, Automatic Block Signals." And, "Signal Indications, Rules 450-453 In Effect."
OPINION OF BOARD: At 6:13 A. M. on September 17, 1961, the engineer of Extra 120 West, using radio-telephone, at White City, Kansas, asked a yard clerk at Herington what time was out on Train No. 3. The clerk consulted Train Order No. 16 which had previously been issued by the train dispatcher to the yard crew at Herington, and told the engineer that Train No. 3 would wait at Latimer until 6:40 A. M. With this information the engineer of Extra 120 proceeded to Herington, arriving at 6:25 A. M. No. 3 arrived at 7:00 A. M.
Claim is made that the engineer and yard clerk violated Rule 24 of the agreement by transmitting and handling a train order. Rule 24 provides:
The territory through which Extra 120 and Train No, 3 were moving was governed by signal indications. The Operating Rules of the Carrier provide that train orders are not required for the movement of trains and engines in specified direction by indication of block signals although block signals do not supersede train orders. They also provide that trains or engines instructed to clear main track for following trains must keep closely advised of trains to be cleared to avoid delay.
The Organization argued that the term "train order" means a formal directive concerning conditions affecting the movement of trains. Not all information affecting the movement of trains is, however, a train order. A distinction must be made between information which is directed at and intended for the movement of trains and that which indirectly and incidentally affects a train movement.
The information relayed by the clerk here was not directed at nor untended to affect Extra 120. The Organization argued that it was analogous to a train order in that it .did affect its movement. An analysis of the facts shows that the relayed information affected the movement of the extra only in a negative way, i.e., it did not change any of the authority it had to proceed. It did not add to or detract from its general authority but merely confirmed that Extra 120's right to proceed under signal indication was unimpaired. In this sense it was not a train order but mere information about the contents of a train order and therefore not governed by Rule 24.