Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29396
THIRD DIVISION Docket No. CL-28803
92-3-89-3-200
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10358) that:
1. Carrier violated the Agreement between the parties when work
traditionally and historically performed by persons covered under the current
Agreement between the parties was removed on November 6, 1986 by the abolishment of the Operator pos
2. Carrier shall now return all work which was performed by Schiller
Park Operators to the personnel covered under the current Agreement and compensate them for all time
3. The incumbents of the abolished positions; Mr. E. Fehrman Jr.,
Mrs. D. Denofrio, Mr. W. McGreevey and Ms. L. Scott, commencing at 12:01 AM
December 13, 1986 and continuing for eight (8) hours each day, for each of the
following shifts:
8:00 AM to 4:00 PM
4:00 PM to 12:00 Midnight
12:00 Midnight to 8:00 AM,
seven days per week, at the rate of $12.9659 per hour, plus any subsequent
rate increase that may apply, until the violation is corrected."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1 Award No. 29396
Page 2 Docket No. CL-28803
92-3-89-3-200
On November 6, 1986, the Carrier abolished the Operator positions at
Schiller Park, Illinois. From that date, Train Orders instead were transmitted between Stevens Point
The Organization then filed a claim on the Claimants' behalf, contending that
the Carrier violated the current Agreement by removing work traditionally and
historically performed by persons covered under the Agreement. The Carrier
denied the claim.
This Board has reviewed the record in this case, and we must find
that the Organization has not met its burden that the Carrier has violated
Rule 2 and Supplement 0 when it began delivery of train orders by the operator
at Stevens Point, Wisconsin, to the train crew at Schiller Park, Illinois, by
means of a telefax machine.
Organization members continue to handle the Train Orders in Stevens
Point, Wisconsin. The major difference is that, now, the Clerk in Stevens
Point delivers the Train Order to the Conductor in Schiller Park, Illinois,
via telefax machine. There is no non-member who is involved in the delivery
of the order. Rule 2(a) prohibits the use of any employee other than an
Organization member from handling Train Orders at telegraph or telephone
offices, except in an emergency. In this case, the copying of the Train
Order and delivery to the Conductor has been accomplished at Stevens Point,
Wisconsin. Therefore, there has been no violation of the Rule.
.As the Carrier points out, neither Rule 2 nor Supplement 0 prohibit
the use of Train Order hoops, Train Order forks, pneumatic tubes, or other
devices by operators to effect delivery of Train Orders. The only prohibition
relates to utilizing employees other than covered employees. The use of pneumatic tubes has been det
Rules. This Board has held that personal delivery by telegraphers is not
required. (See Third Division Awards 9988 and 13244.)
Now that the fax machine has been developed, this Board cannot require, under the Rules cited by
employees to stand by the telefax machine in order to receive an occasional
Train Order and then hand it to the Conductor. The Carrier has abided by the
Rules, despite the fact that it has introduced new equipment. Consequently,
this Board must find that the claim be denied.
A W A R D
Claim denied.
Form 1 Award No. 29396
Page 3 Docket No. CL-28803
92-3-89-3-200
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.