NATIONAL RAILROAD ADJMWNT BOARD
THIRD DIVISION Docket Number
CZ-22793
Richard R. ICasher, Referee
. (Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE.
t(
Freight Handlers, Express and Station Employee
(Soo Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8696)
that:
OLA
Claim of H. H. Geske, Agent and Operator, Trout Lake, Michigan
for
2
hours pro-rata on February
3, 197'(,
for violation of Telegraphers'
Rule
20,
when Agent and Operator Geske was required to relay via Bell Telephone Train Order No.
329
to the Conductor of Work Extra
731
at Engadine.
CLAIM N0. 2
Claim of R. H. Finstad, Agent and Operator, Gordon, Wisconsin,
for 2 hours pro-rata on February
6, 1978,
for violation of Telegraphers'
Rule
20,
when Agent and Operator Finstad was required to relay via Bell
Telephone Train Order No. 111 to the Conductor of Extra DMIR
156
West at
Chittamo.
OPINION OF BOARD: Claims Nose 1 and 2 arose as a result of the Carrier
requiring operators to verbally relay by telephone train
orders, which they had previously copied, to train crews at locations where
an operator working under the Agreement was not on duty in situations that
did not involve emergencies. The Organization argues that such acts are in
violation of Rule 20 of the parties' Agreement mad the Joint Six Organization
Train.Order Agreement of November
28, 1945.
Rule
20
of the parties' Agree
ment provides:
"Rule
20.
Train Orders.
(a). No employee other than covered by this schedule
and train dispatchers will be permitted to handle
train orders at telegraph or telephone offices
where an operator is employed and is available
or can be promptly located, except in an emergency, in which case the telegrapher will
be paid for the call.
Award Number 23074 page 2
Docket Number CL-22793
(b) When employees not covered by this agreement
are required to handle train orders at a location
where employees covered by this agreement are
not on duty any portion of the day or night,
the senior telegrapher working at the nearest
location to the point on the seniority district
where the train order is handled, shall be
notified and allowed a call at the minimum
telegraphers' rate applicable on the seniority district for each occurrence.
(c) Mccept where other telegraphers are
employed, Traveling Agents shall be considered
employed and available to perform service required at all stations within his assigned territory. In
on duty at the time the violation occurs, he
shall be paid two (2) hours at the pro rata
rate of his assignment."
The Joint Train Order Agreement of November
28, 1945
provides;
"(1) It is hereby agreed that train and
engine service employees will not be required to call the dispatcher for the purpose of receiving or
movement of trains, and that train and
engine service employees will neither be
required nor permitted to copy train orders
governing the movement of trains other than
in emergencies as herein defined.
(2) Finergencies as herein specified
shall include casualties or accidents,
engine failures, wrecks, obstruction of
tracks, washouts, tornadoes, storms,
slides or unusual delays due to hot
box or break-in-two that could not have
been anticipated by dispatcher when train
was at last previous telegraph office,
which would result in serious delay to
traffic.
Award Number 23074 Page
3
Docket Number
CL-22793
(3)
When no emergency exists, as above defined, an inquiry by train or enginemen as to
the time or location of another train or in connection with their work, will not be considered
a violation of this agreement when it does not
involve the transmission of train orders, messages of record, reports or OS of trains.
(4)
It shall not be considered as a violation
of this agreement for train or enginemen to obtain necessary clearance at an automatic interlocker s
failure, or for train or enginemen on branch
line trains to obtain check at trains direct
from the dispatcher, at junction points where
a telegrapher is not non employed, but only
on such trains as are due to arrive at such
junction point after branch line train has
passed the last telegraph or telephone office
before arrival at junction."
It is not disputed in the record that the Conductor of Work
bra
731
copied Train Order No.
329
at Engadine on February
3, 1977
(Claim No. 1). It is not disputed in the record that the Conductor of
Extra DMIR
56
West copied Train Order No. 111 at Ciittamo on February
6,
1978
(Claim No.
2).
These acts seem to be in direct conflict with that
part of paragraph (1) of the Joint Train Order Agreement of November
28,
1945
stating:
" . . . . that train and engine service
employees will neither be required -
nor veimitted to c train orders gov
erning the movement of trains other than
in emergencies as herein defined."
(underscoring added)
Inasmuch as it is not alleged that an emergency existed (paragraph
(2) of
the Joint Train Order Agreement) and the exceptions of paragraphs
(3)
and
(4)
of the Joint Train Order Agreement are not argued., it would seem that the call
provided in Rule
20
(b) supra, would be appropriate.
The Carrier cited an award issued by Referee Blackwell, Award No.
32,
Case No.
22, PLB No. 1682.
Referee Blackwell denied a call to an operator who
claimed that an operating rule was violated when a conductor was permitted to
copy a train order,, which was radioed rather than written and hand-delivered
Award Number 23074 page 4
Docket Number CL-22793
by the operator. In denying the call, Blackwell emphasized the fact that
the claimant performed all of the work that was required to be performed by
an operator in the relaying of a train order under the applicable rule.
The award cited by Carrier is distinguished, however, in that the rule concerning the relaying of a
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 Enployes 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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSMENT BOARD
By Order of Third Division
ATTEST: ~~
Executive Secretary
Dated at Chicago. Illinois, this 21st day of November 1980.
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