-e0* _, Award No. 18273
Docket No. TE-17653
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David L. Kabaker, Referee
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:
CLAIM NO. I
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at North Randall, Ohio on dates as outlined below.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at North Randall, Ohio
a three hour call at the time and one-half rate of pay for each
violation on August 21, 22, 23 and 24, 1966.
CLAIM NO 11
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at North Randall, Ohio on dates as outlined below.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at North Randall, Ohio a
three hour call at the time and one-half rate of pay for each violation on August 25, 26, 27, 28, 29, 30, 31 and September 1, 1966.
CLAIM NO. III
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at North Randall, Ohio on dates as outlined below.
2. Carrier shall, because of violations in (1) above, be required to compensate the agent-operator at North Randall, Ohio a
three hour call at time and one-half rate of pay for each violation
September 8, 9, 10 and 11, 1966.
CLAIM NO.
IV
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at North Randall, Ohio on dates as outlined below.
2 Carrier shall, because of violations in (1) above, be required to compensate the agent-operator at North Randall, Ohio a
three hour call at the time and one-half rate of pay for each violation, September 12, 13, 14 and 15, 1966.
CLAIM NO.
V
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at North Randall, Ohio on dates as outlined below.
2. Carrier shall, because of violations in (1) above, be required to compensate the agent-operator at North Randall, Ohio a
three hour call at the time and one=half rate of pay for each violation on September 2, 3, 4, 5 and 7, 1966.
CLAIM NO.
VI
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor Lautner to handle (receive, copy and deliver) train orders at RB on July 30, 1966.
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 for specified
date.
CLAIM NO.
VII
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at HM on dates as specified 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-a for dates of violation
on September 10, 17, 19, 25, 28, October 5, 8 and 12, 1966.
CLAIM NO. VIII
1. Carrier violated the Agreement by causing, requiring and
permitting Engineer Skipton to handle (receive, copy and deliver)
train orders at HM on March 22, 1966.
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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.
CLAIM NO.
IX
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.
CLAIM NO.
X
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 for each order handled
by conductors on June 15, 22, July 30, 1966, August 3, 24, 25,
September 1, 2, 8, 10, 11, 13, 14, 15, 16, 18 and 19, 1966.
CLAIM NO.
XI
1. Carrier violated the Agreement by cau:hig, requiring and
permitting Conductor Marchbanks to handle (receive, copy and deliver) train order at Mahoning on July 19, 1966.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at Garrettsville, Ohio a
three hour call at the time and one-half rate for July 19.
CLAIM NO.
XII
1. Carrier violated the Agreement by causing, requiring and
permitting Engineer Campbell and Conductor Kincaid to handle
(receive, copy and deliver) train orders at HM on August 3, 1966.
2. Carrier shall, because of violation in (1) above, be required to compensate the senior, idle telegrapher a day's wages in
accordance with the rules.
CLAIM NO. XIII
1. Carrier violated the Agreement by permitting, causing and
requiring Conductor Davis to handle (receive, copy and deliver)
train order at Mantua, Ohio on June 3, 1966.
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2. Carrier shall, because of violation in (1) above, be required to compensate the senior, idle telegrapher (extra in preference) a day's pay at the rate in accordance with Rule 25, as
amended.
CLAIM NO.
XIV
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at Mahoning on dates as specified below.
2 Carrier shall, because of violations in (1) above, be required to compensate the agent-operator at Garrettsville, Ohio a
three hour call at the time and one-half rate of pay for each violation on June 21, 24, 25, July 5 and
9, 1966.
CLAIM NO. XV
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor DeChance to handle (receive, copy and deliver) train orders at Solon, Ohio on July
6, 1966.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at North Randall, Ohio a
three hour call at the time and one-half rate of pay for violation
in (1) above.
CLAIM NO.
XVI
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of Cleveland Local to handle (receive, copy
and deliver) train orders at Mahoning, Ohio on dates of January
19, 28, February 1, 11 and 12,
1966.
2. Carrier shall, because of violations in (1) above, be required to compensate the senior idle telegrapher (extra in preference) a day's pay at the rate of $2.5378 per hour, plus all increases since January 1,
1964 for dates as listed.
CLAIM NO. XVII
1. Carrier violated the Agreement by causing, requiring and
permitting conductors of various trains to handle (receive, copy
and deliver) train orders at Mahoning on dates as specified below.
2. Carrier shall because of violations in (1) above, be required to compensate the agent-operator at Garrettsville, Ohio a
three hour call at the time and one-half rate of pay for each violation on May 20, June 15,
16 and 18, 1966.
CLAIM NO. XVIII
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor Reinhart to handle (receive copy and deliver) train order at Geauga Lake, Ohio on May 7,
1966.
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2. Carrier shall, because of violation in (1) above, be required to compensate the agent at Aurora, Ohio a three hour call
at the time and one-half rate of pay.
CLAIM NO.
XIX
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor Ratowski to handle (receive, copy and deliver) train order at Geauga Lake, Ohio on October 1, 1966.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at Aurora, Ohio a three
hour call at the time and one-half rate of
pay for this date.
CLAIM NO. XX
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor Anderson to receive, copy and deliver train
orders at Mantua, Ohio on February 5, 1966.
CLAIM NO.
XXI
1. Carrier violated the Agreement by causing, requiring and
permitting Conductor Ratowski to handle (receive, copy and deliver) train order at Mantua, Ohio on October 4, 1966.
2. Carrier shall, because of violation in (1) above, be required to compensate the agent-operator at Garrettsville, Ohio a
three hour call at the time and one-half rate of pay for this date.
EMPLOYES' STATEMENT OF FACTS:
(a) STATEMENT OF THE CASE
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:
1003.
MAHONING DIVISION
SATURDAYS, SUNDAYS
STATION MONDAY TO FRIDAY AND HOLIDAYS
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.
(Exhibits not reproduced.)
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 parties waived oral hearing;
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
That the Agreement was not violated.
AWARD
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of November 1970.
Keenam Printing Co., Chicago, Ill. Printed in U. S. A.
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