.4wsss Award No. 17068
Docket No. TE-15629







PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

(Formerly The Order of Railroad Telegraphers)


CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Rock Island and Pacific Railroad, that:

1. Carrier violated and continues to violate the Agreement between the parties when, effective November 20, 1963, it added new devices controlling train movements to its interlocking plant at so-called Short Line Tower, Des Moines, Iowa, substantially increasing the duties and responsibilities of the towermen at that location, but refused to increase rates of pay of the incumbent towermen commensurate with the extent of the said duties and responsibilities.



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.








Short Line Tower, Des Moines, Iowa, is a continuously open interlocking plant located at the juncture of this Carrier's two main lines i.e., the North-South line between Kansas City, Missouri, and Minneapolis, Minnesota,


1. There is an agreement in effect between the parties to this dispute bearing an effective date of August 1, 1947 (reprinted to November 1, 1956Rates of pay revised to May 1, 1962) on file with your Board which by this reference is made a part of this submission.








3. Effective November 20, 1963, Carrier installed 17 gas switch heaters at its Short Line Junction, Des Moines, Iowa. The switch heaters are controlled by means of four toggle switches located in the Short Line Junction Tower. One toggle switch controls the switch heaters in each direction from the tower, Le, North, South, East and West.


4. The Employes filed the instant claim for an increase in the rate of pay of all towermen-telegraphers working at Short Line Tower account alleged application of Rules 7, 8 and 9 of the Telegraphers' Agreement. The handling on the property of the Employes' claim is set forth under the following Carrier Exhibits:















OPINION OF BOARD: Carrier installed gas switch heaters at its Short Line Junction, Des Moines, Iowa. A switch heater is a device which heats a railroad switch, thereby melting the snow or ice from it, thus making it again capable of operation.


Prior to the installation of these heaters, the telegrapher would have to call out a signal section gang to clear the snow or ice from the switch, thus freeing it for operation.


Now, however, when the switches become inoperable due to snow or ice the telegrapher simply activates the proper heaters by switching on one of


17068 3

four readily accessible toggle switches, each of which controls the switch heaters in each of the four directions from the Short Line Junction Tower.


Organization claims that the addition of the operation of these switch heaters to the position of telegrapher without increased compensation violates Rule 9 of the Agreement which provides:








Even assuming, arguendo, that the operation of these switch beaters is . the operation of a device controlling train movements . . ", there is no substantive evidence whatsoever in the record that such operation resulted in an increase in the duties and responsibilities of the position of telegrapher.


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;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and












Dated at Chicago, Illinois, this 18th day of April 1969.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.
17068 4