NATIONAL RAILROAD AL17USM,SENT BOARD
THIRD DIVISION Docket Number CL-24383
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(cL-9526)
that:
(1) Carrier violated the effective Clerk-Telegrapher Agreement when,
commencing December
6, 1980,
and continuing, it caused and permitted Trainmen,
employees not covered by said Agreement, to handle out-of-order remotely controlled switches, commun
train movement authority upon approaching trains for movement over the main
track at Old River Junction, Hamilton, Ohio, the location of as abolished
Telegraph Office within the station limits of New River Tower Interlocking
and Train Order Station, Hamilton, Ohio.
(2) Carrier, as a result of such impropriety, shall compensate each
employs named, as indicated, eight
(8)
hours' pay at the pro rata rate of
$T6.6q,
(plus subsequent general rate increases) for each date listed, as
follows:
(a) L. E. Prewitt -First Trick 7:30 AM to 3:30 PM
December
6, 1980
sad each subsequent
Saturday of each week until violation
ceases.
(b) V. R. Costa -First Trick 7:30 AM to 3:30 PM December
7,
and
8, 1980
and each subsequent Sunday
and Monday of each week until the viola
tion ceases.
(c) J. A. Hunt -First Trick 7:30 AM to 3:30 EM December
9,
and 10,
1980
and each subsequent Tuesday
and Wednesday of each week until the viola
tion ceases.
(d) M. W, Withrow - First trick 7:30 AM to 3:30 PM December 11,
1980
and each subsequent Thursday of each
week until the violation ceases.
(e) C. W. Smith - First Trick 7:30 AM to 3:30 PM December 12,
1980
and each subsequent Friday of each
week until the violation ceases.
(f) R. Brock - Second Trick 3:30 FM to 11:30 PM December E
1980
and each subsequent Saturday of each
week until the violation ceases.
Award Number
p40 8
Docket Number
CL-2383
(g) H. H. Venerable
(h) J. A. McDaniel
(i) John Boyd
(j) C. Lay
(k) R. W. Gray
(1) C. Wichern
(m) F. Daulton
(n) D. E. Haven
(o) J. E. Johnson
Page 2
Second Trick
3:30
PM to
11:30
FM
December
7, 1980
and each subsequent
Sunday of each week until the violation
ceases.
Second Trick December
8
and
9, 1980,
3:30
PM and each subsequent Monday and
Tuesday of each week until the violation
ceases.
Second Trick
3:30
PM to
11:30
PTM
December 10,
1980
and each subsequent
Wednesday of each week until the violation
ceases.
Second Trick
3:30
FM to
11:30
FM
December 11 sad 12,
1980
and each subsequent Thursday and Friday of each week
until the violation ceases.
Third Trick
11:30
FM to
7:30
AM December
6
and
7, 1980
and each subsequent Saturday
and Sunday of each week until the violat ~
ceases.
Third Trick
11:30
PM to
7:30
AM December
8,
1980
and each subsequent Monday of each
week until the violation ceases.
Third Trick
11:30
PM to
7:30
AM December
9,
1980
sad each subsequent Tuesday of each
week until the violation ceases.
Third Trick
11:30
PM to
7:30
AM December 1C
and 11,
1980
and each subsequent Wednesday
and Thursday of each week until the violation ceases.
Third Trick 11:0 PM to
7:30
AM December 12
1980
and each subsequent Friday of each
week until the violation ceases.
OPLNION OF BOARD: Prior to December
4, 1980,
crossover switches at 01d River
Junction, Hamilton, Ohio, were controlled by Operators at the
tower at New River Junction. On December
4, 1980,
there was a freight train derailment which destroyed the tower. Starting on December
6, 1980,
a mobile trailer
was placed temporarily at New River Junction for the Operators and the switches at
Old River Junction were set up to be handled manually. Carrier utilized the
services of a train service employe to handle the hand-thrown switches and the
claims which are the subject of this dispute resulted.
Award Number 24058
Docket Number CL-243L3
Page 3
We have reviewed the entire record of this dispute and have carefully
considered the arguments of the respective parties. We are unable heweverj to
find anywhere is the Rules or arguments any support for Petitioner's contentions.
There simply is no violation of the Clerk's Agreement when trainmen handle handthrown switches under
FINDINGS: The Third Division of the Adjustment Boards 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 Employer within the meaning of the Railway Labor
Acts 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.
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD AnrusVErrr BOARD
By Order of Third Division
By i
Rosemarie Brasch - Administrative Assistant
Dated at Chicago., Illinois this 14th day of December 192p.