NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21060
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employee
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Compatpr
STATEIOT O' CLAIM: Claim of the System Committee of the Brotherhood
(GL-7739)
that:
1. Carrier violated the Agreement between the parties when on
July 11, 12, 13, 14,
and
16, 1973,
it required imd permitted employee not
covered by the Agreement located at Potomac Yar,l. Alexandria, Virginia, to
receive and copy by telephone, train orders governing the control and
movement of trains,
2. Because of these violations, Carrier shall compensate the
following named employee for each date and incident listed, one three
(3)
hour pro rata payment: R. H. L. Bowen - July 11,
1,3, 13, 14
and
14, 1973,
and J. H. Carpenter, Jr. - July
12,
12, 16, and
16, 1973.
OPINION OF
BOARD: There is no dispute relative to the operators' rights
to copy train orders under the provisions of Rule 65.0
"Rum
65
Train Orders -- Clearance Forms -- Blocking Trains.
Copying train orders, clearance forms or blocking trains
at stations where an employee qualified to do so under
this agreement is employed will be confined to such employee (provided he is available and can be pr
located), When such an employee is not used in conformity
with this rule he shall be promptly notified by Chief
Dispatcher and paid three hours at pro rata rate. This
rule does not apply to Train Dispatchers performing such
duties at/or in the vicinity of the dispatcher's office
location in the normal course of their regular duties.
Except in emergencies, when mployees not covered by
this agreement are required to copy train orders, clearance forms or block trains at a location wher
no
qualified
employee covered by this Agreement is employed, the proper
Award Number 21124
Docket Number CL-21060
"qualified employee at the closest location where a
qualified employee covered by this agreement is
employed shall be promptly notified by Chief Dispatcher and paid three hours at pro rata rate.
Emergencies as referred to in this rule are:
Storms, fogs, washouts, high water;
Wrecks, slides, snow blockages;
Accidents;
(4) Failure of fixed signals or train control;
(5) Hot boxes, engine and equipment failure, and
break-in-two's;
all of which were not foreseen prior to train passing
or leaving last open communicating station and which
would result in serious delay to trains;
(6)
Danger to lire or property requiring immediate
attention.
Where an employee under this Agreement is instructed
by train dispatcher or other authority to clear train
or trains before going off duty, leaving clearance form
or orders in some specified place for those to whom
addressed, such employee shall be paid three hours at
pro rata rate.
Delivering train orders will be confined to employees
under this Agreement and train dispatchers.
Securing Line-Up Information and Authority For Motor Car
Movements.
When track car operators are required to secure lineup or train location report information or autho
motor car movement, such information will be secured as
follows:
(1) At a point where a qualified employee under this
Agreement is employed and on duty, track car operators
will secure such from him.
(2) At a point where a qualified employee under this
Agreement is not employed or where such employee is employed but not on duty, track car operators wi
same from the closest qualified employee under this
Agreement who is readily available.
(3)
when necessary to secure direct from train dispatcher by others than as provided above at a point wh
a qualified employee under this Agreement is employed, the
proper employee will be paid three hours at pro rata rate.
Page 2
Award Number 21124 page 3
Docket Number CL-27.060
"(4) When secured direct from the train dispatcher
by others than as provided above at a point where a
qualified employee under this Agreement is not employed,
the proper employee at the nearest location to the
point will be paid three hours at pro rata rate.
NOTE -- This Rule is not applicable on the B&OCT or SIRC."
However, in the operation involved in this case there is no Rule,
either expressed or implied, which requires that the train and/or engine
crew member who receives the message relative to slow orders in the
Centralized Traffic Control territory involved must copy such message.
A careful review of the record indicaaes that Petitioner has
failed to substantiate that train orders were required to be copied by any
member of the trains leaving Potomac Yard on the dates herein involved.
Therefore, we must deny the claim. See Awards 19602, 20724 and Award Ho. 1
of Public Law Hoard
so. 453.
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the patties waived oral hearing;
That the Carrier and the Employee 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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim died.
NATURAL RAILROAD ADJTHTISMT HOARD
By
Order
of Third Division
ATTEST:
!, 42
Dated at Chicago, Minois, this 16th day of July 1976.