STATEMENT OF CLAIM: Claim of the General Committee of the T.C.U. (formerly O.R.T.) on the Pennsylvania Railroad, Lake Region, District No. 2, that effective March 15, 1963, the agency at Mercer, Pennsylvania, was made a non-agency freight station and arbitrarily placed under the jurisdiction of the agent at Sharpeaville, Pa., an asterisk position, in violation of paragraph 2 of the April 12, 1938 Agreement as well as paragraph 3 of said Agreement.
EMPLOYES' STATEMENT OF FACTS: The stations involved in this dispute are located in the State of Pennsylvania, each on a different branch line of Carrier. Sharpsville is located 73 rail miles north of Pittsburgh on what was known as Carrier's E&P Branch. Mercer is located 71.4 rail miles north of Pittsburgh on what was known as Carrier's Houston Secondary Track. Mercer is, however, a distance of 17 highway miles east of Sharpsville.
Prior to March 15, 1963, Carrier maintained full-time agency service at each of its stations at Sharpsville and Mercer. Effective with March 15, 1963, however, the status of the Mercer agency was unilaterally changed to that of a non-agency, and the position of Agent at that location was discontinued, and the jurisdiction of the Agent at Sharpsville was unilaterally extended to include the additional station known as Mercer.
The Schedule Agreement between the parties became effective September 1, 1949, and includes a Rate Schedule effective February 1, 1951. Copy of that Agreement is on file with your Board and by this reference is made a part of this submission. The Scope Rule thereof reads, in part:
Mercer under the jurisdiction of agency station Sharpsville, was in violation of paragraphs 2 and 3 of the April 12, 1938 Agreement.
OPINION OF BOARD: This dispute arose as a result of Carrier's unilateral action in changing the status of the Agency at Mercer, Pennsylvania, from that of an agency carload and less-than-carload freight station to that of a non-agency carload only freight station under the jurisdiction of the Carrier's Agency at Sharpsville, Pa., and abolishing the position of Agent at Mercer.
Petitioner contends that Carrier's unilateral action was in violation of a Memorandum Agreement dated April 12, 1938, which, insofar as here pertinent, provided as follows:
Specifically, Petitioner contends that Carrier was required to negotiate the change under paragraph 3 of the aforesaid Agreement.
Carrier contends that negotiation was not required and that its action was entirely proper, and within the purview of paragraph 4 of said Agreement.
A thorough and detailed analysis of the record in this dispute convinces us that Carrier's action was proper and in accord with the Memorandum Agreement. It follows that the claim the Carrier violated the provisions of the Memorandum Agreement must be denied.
In the handling on the property Petitioner claimed a violation of Regulation 3-C-1 of the basic Agreement, and requested removal of the asterisk designation from the Sharpsville Agency, and also made request for an increase in pay of $75.00 per month for the Agent at Sharpsville under the provisions of Regulation 8-A-1(b) of the basic Agreement. These two matters were not encompassed within the Statement of Claim as submitted to this Board. In accord with prior awards, these matters may not be considered. See Awards 6954, 8426, 10904, 15523.
FINDINGS: The Third Division of the Adjustment Board, 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;