TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
READING COMPANY
EMPLOYES' STATEMENT OF FACTS: Copy of the Agreement between the parties effective April 1, 1946, as corrected September 1, 1951, and as further supplemented and amended, is available to the Board and by this reference is made a part hereof.
By General Order No. 185 dated October 14, 1965, effective October 18, 1965, Carrier arranged for the temporary removal from service of a section of one of two main tracks at and in the vicinity of 65th Street, Philadelphia, Pennsylvania. The track affected is designated No. 1 track. During the temporary period, westward trains were detoured over the other main track, known as No. 2 track, against the current of traffic between Darby Creels station and 65th Street.
In accordance with the General Order, a switchtender, an employee not covered by the Agreement, was stationed at 65th Street. His duties were to obtain from the Yardmaster at Darby Creek and furnish to all westward trains the necessary authority to make the detour movement. Each such movement was authorized only upon receipt by the train crew of written instructions on a form designated TD-116.
In addition to handling westward trains in the manner described, the switchtender was required to authorize, upon the prior authority of the Darby Creek Yardmaster, the movement of eastward trains beyond crossover switches at 65th Street.
The more permanent basis for the temporary arrangements set out in the General Order are contained in a Reading Company issue of "General and Special Instructions No. 2," effective April 26, 1965. Special Instruction No. 9 therein reads as follows:
Under GENERAL ORDER NO. 189, eastward trains to Darby Creek were detoured onto No. 1 Track between Eastwick and Bell Road by means of TD-116 authority issued at Eastwick. The switchtender at Bell Road simply controlled the switches and did not deliver or receive Forms TD-116 from the train crews. Similar to CLAIM I, this entire area is within yard limits and is governed by yard rules under the direction of the Yardmaster.
The Agreement Reading Company, Philadelphia, Reading and Pottsville Telegraph Company and The Order of Railroad Telegraphers, Effective April 1, 1946, Corrected September 1, 1951 is on file with Your Board and is incorporated herein by reference.
OPINION OF BOARD: Both of these Claims are based on Carrier's assignment of a switchtender at the Sixty-Firty Street crossover to provide detour switching. The occurrences complained of by the Organization unquestionably occurred within Yard limits. Therefore, that portion of Rule D-160 of the Rules for the Government of Operating Department promulgated June 24, 1945 under "Within Yard Limits", is controlling. The relevant part of said Rule D-160 is as follows:
When necessary to make detour movements against the current of traffic, permission authorizing such movements must be secured from yardmaster or other employes designated by 'Special Instructions.'
When a train is authorized to run against the current of traffic by train order or Form TD-116, engineman must keep a sharp lookout for stop or reduce speed signals and for trackmen, bridgemen, line repairmen, signal maintainers and other persons authorized to operate track cars, and unless otherwise provided must approach public crossings at grade carefully." (Emphasis added)
The above quoted rule places the entire yard under the jurisdiction of the Yardmaster insofar as detour movements against the flow of traffic
is concerned. This Rule, and prior practice on this property supporting it, was upheld by Special Board of Adjustment 591 Awards Nos. 11 and 15. Also, the Organization has failed in this instance, to show by probative evidence that the switchtenders involved did anything more than control the switches pursuant to the Yardmaster's instructions or that the involved form TD-116 was handled (conveyed or received) by others than the Yardmaster and train crews.
Therefore, under authority of Special Board of Adjustment 591 Awards Nos. 11 and 15 coupled with Carrier's positive proof of past practice (since 1945) on this property, these Claims will be denied.
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;