-e0* _, Award No. 18273
Docket No. TE-17653






PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
ERIE-LACKAWANNA RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Erie-Lackawanna Railroad, that:
































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2. Carrier shall, because of violation in (1) above, be required to compensate the senior, idle operator (extra in preference) a day's pay at the rate of that provided in Rule 25(e) of the Agreement, for specified date.




1. Carrier violated the Agreement by causing, requiring and permitting conductors of various trains to handle (receive, copy and deliver) train orders at XR on various dates as outlined below.


2. Carrier shall, because of violations in (1) above, be required to compensate the senior, idle operator (extra in preference) a day's pay at the rate provided in Rule 25(e) of Agreement for each train order handled by conductors on March 28, 1966, April 14, 18, May 5, 6, 8, 9, 1966.

















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An Agreement between the Erie Railroad Company and this Union, effective March 4, 1957, as amended and supplemented, is available to your Board and by this reference, is made a part hereof.


These claims were timely presented and progressed in accordance with the provisions of the Agreement, including conference with the highest Officer designated by the Carrier to receive appeals and have been declined. The Employes therefore appeal to your Honorable Board for adjudication.


The incidents that gave rise to these claims occurred on Carrier's formerly double tracked main line between Warren, Ohio and Cleveland, Ohio. AS will be explained in greater detail later in this submission, there are now two sections of single track, three sections of double track remaining. The single track sections are equipped with an Automatic Permissive Block System known as (APB) -a term used for an Automatic Block Signal System on a track signalled to protect trains moving in both directions. Trains moving in either direction activate stop and caution signals against opposing trains and stop and caution signals to the rear, thus protecting the movement by signals in both directions, opposing or following. Where under the double track operation, few train orders were required, these were always handled by telegraphers except in cases of real emergency,


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division which are listed in the working timetable in effect during the period of these claims areas follows:







North Randall 7:00 AM to 11:00 AM
12 Noon to 4:00 PM Closed

Aurora 6:45 AM to 11:45 AM
12:45 PM to 3:45 PM Closed

No operators have ever been employed at "CA" MP 14.0; "XR" MP 14.9; "KS", MP 32.7; "HM" MP 34.2; or "RB" MP 48.3. There has been no operator employed at Mahoning, Ohio since 1928, or at Geauga Lake since August 1, 1960. The Agent-Operator positions at Solon and Mantua, Ohio were abolished on May 1, 1964 and June 5, 1965 respectively, following approval of the Public Utility Commission of Ohio to change the status of the agencies to non-agencies, carload freight only stations.

The claim and appeal of the Organization in the 21 claims are basically the same, and in order to reduce the volume of this brief, only correspondence of relevance indicative of handling all the claims on the property is attached in evidence as follows:


CARRIER
EXHIBIT

A-1 District Chairman's letter to Superintendent dated September 26,
1966.
C Superintendent's letter to Division Chairman dated November 2,
1966.
D General Chairman's letter to General Manager-Labor Relations
dated December 8, 1966.
E General Manager-Labor Relations letter to General Chairman dated
January 24,1967.
F General Manager-Labor Relations letter to General Chairman dated
March 29, 1967.
G General Chairman's lette,, to General Manager-Labor Relations
dated December 4, 1967.

Before Carrier had an opportunity to answer all the assertions and allegations made by the General Chairman in his letter dated December 4, 1967 (Carrier Exhibit G), notice was received from Mr. G. E. Leighty on December 19, 1967, that the claims were being progressed to the Third Division, National Railroad Adjustment Board for adjudication.




OPINION OF BOARD: This case was heard jointly with Award Nos. 18271, 18272, 18274 and 18275.


In regard to Claims 1, 2, 3, 4 and 5 which relate to handling train orders at Cannons, the Petitioner bases its claims on the same contentions which it set forth in Award 18271.


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The Board is of the opinion that the conclusions for its Award 18271 are equally applicable herein. Accordingly, Claims 1, 2, 3, 4 and 5 are denied for the reasons specifically set forth in Award 18271.


In relations to Claims 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, the Board must conclude that the Petitioner has failed to sustain its burden of proving that a violation of Rule 2 occurred when Conductors and Engineers handled train orders as alleged in said Claims. Accordingly, the above listed Claims wil 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;


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






Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 are denied.






Dated at Chicago, Illinois, this 13th day of November 1970.

Keenam Printing Co., Chicago, Ill. Printed in U. S. A.

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