BROTHRRHOOD.OF RAILWAY ATID STEAMSHIP CLMKS,

FREIGHT HANDLERS: ERPRESS AND. STATION EKPLOYE,S

versus

ILLINOIS CENTRAL R4naOAD COMPANY


STATEMENT OF CLAIMS Claim of the System Committee of the Brotherhood that the
 Carrier violated the Agreement between the parties effective June 23, 1922, as subsequently revised; also the Memorandum ofyAgreement dated October 10, 1940, when:

 (A) On February 3ra, -March' 3rd, March 10th, Mare4-11th, December 24th, 1954, · - January 12th, February 10th, February 16~h, February 18th, March 2nd, March 4th, March 9th, March 16th, March 17th, March 24 th, March 28th, April 8th, April 13th and April 14th, 1955, the Carrier required E. Hall, J. Humphries, S. Avant, E. Griffin, &. H. Coleman; C. Williams,, B. Brao, H. L. Trusty, J. C. Simpson and.0. S. Owens, employed` as Freight Handlers at the Carrier's freight handling facilities at South Water Street, Chicago-0 Illinois, to suspend work on their regular positions, and go to Markham Yard to help install and/or remove. heaters in cars loaded with perishable freights and failed .and refused to call Cecil Simpson, employed as Heaterman - Truck Operator to perform that class of work, and

 (B) That the Carrier shall now be required to pay Messrs. E. Hall, J. Humphries,, S. ArantE. Griffin, H.' H. Coleman, 0. Williams, B. Bracy,'H. L. Tursty, J. C. Simpson and G. S. Owens, 3n addition to'compensation already paid, an additional sum at pro rata rate of their respective positions, for the number of hours that each of said claimants were required to suspend work on their regular positions as Freight. Handlers on the dates enumerated above, and

 (C) That the Carrier shall now be required to pay Mr. Cecil Simpson for additional siztyotwo (62) hours at penalty rate of his position of Heater. man - Truck Operator, ($13.86 per day) account' of Carrier's failure and refusal to call Mr. Simpson to assist with-installation and/or removal of heaters.on the dates enumerated above.

OPINIONs Prior to 1940s-freight and most passenger trains were handled by steam
 driven locomotives. Such trains arriving from the south and west which
 had loadings destined for points in the downtown area in Chicago were run direct
 ly to the vicinity of the Carrierts South-water Street Freight Station: Trains
 were also operated out of Congress Street to southern and western points on the
 lines of the, Carrier.
                                        Docket No. C7.-8576


In 1940 the City of Chicago passed a smoke ordinance that necessitated minimizing the operation of. steam locomotives within the city limits, As a consequence, freight trains which formerly operated directly into the Lower Yard in downtown Chicago were stopped at outlying points. Freight trpins from the south were run into Markham Yard; and freight trains from the west into Hawthorne Yard on the west side of the city, from which yards ehrs were moved downtown by Idiesel transfer locomotives.

 As a result of this situation the performance of perishable service increased in both the above yards and decreased at Congress Street Lower Yard and South Water Street Freight House. fn order to properly handle the increases and decreases in the yards,, an agreement was entered into in September, 1940, resulting in the abolishment of positions of perishable inspector at South Water Street Freight House and established at Markham Yard three positions of perishable inspector and four additional'yard clerks, as well as various other clerical positions. After forces were increased at Markham, perishable protective service necessary at that point was handled in the following manners.

    "Perishable inspectors exercised general supertision over per. ishable services, kept records, and assisted in manual work connected with ventilating and heating to the extont of their available time.


        "Contractors iced cars.


        "Section laborers de-Iced cars.


    "Fruit company representatives adjusted vents and plugs on cars of bananas only.


    "Yard clerks on duty manipulated vents and plugs, on other perishables.


    "During the winter heater season laborers from the South Water Street Freight House installed and removed heaters as result of request of Organization and verbal understanding reached as to their use.


    "During the months outside the regular heater season, yard clerks at Markham installed or removed heaters,


    "With the approach of the spring season in 1942, the fruit company insisted that the responsibility for adjusting vents and plugs on cars of bananas was the railroad's and not theirs. The resident fruit company representative at Markham Yard discontinued performing this service, and since then it has been performed by.perishable inspectors and/or yard clerks on duty;.,and in the event additional help is needed, by clerks off duty on.a call basis."


                          - 2 e

                                        Award.No. 26

                                        Docket No. CL-8578


Reference has been made to an alle'g'ed agreement having been made in October, 1940. The agreement contains the followings

    "It is agreed that the installing, removing and servicipg of heaters at Markham Yard during the hedter season will be handled in the following manner:


    "Labor for installing, removing and servicing heaters at Markham will be obtained from employes-on the South Water Street Inbound Freight Rouse roster: When this roster is exhausted, labor. will be obtained from the South Water Street Outbound Freight Rouse

    roster.. .


        o~iE


    "In the event extra laborers are ndt available from the two rosters mentioned herein above arid for the reasons mentioned here.. in above, other men may be called and used, other than employes on two rosters above referred to.


    "The men from South Water Street performing.this work at Markham will be continued to be carried on the South'Wat6 Street rosters= however, while working at Markham they will be under the jurisdiction. of the 'Terminal Freight Agent:".


This agreement was digtied by representativ&g;of,)3rotherhood of Railway and Steamship Clerks and of the Carrier, but not by the Manager of Personnel. In February, 1956, a .joint statement was issued by C. Ai 0asberg, former assistant general chairman of the Brotherhobd of Railway and 9tedinship Clerks, Freight,.' Handlers, Express and Station fimpioyes, and J. F. Riordan, former-dgent at Sbuth Water Street, a part of which reads-as follows:

    "As a result of this change, an agreement was- consummated ef·. fective September 20, 194bi with the Brotherhood of Railway and Steam. ship Clerks, Freight Handlers, Express and Station 2mployes; transfer. ring perishable inspectors from the South Water Street seniority district to the seniority raster of the Terminal Agent at Markham Yard, There was another similar agreement considered to cover permitting employes on the South Water Street freight ho~ae roster to go to Markham and perform the work they had previously performed in the Congress Street and South Water Street area and.the same work that had previously been performed by employes of other crafts at Markham. This agreement was never approved by the Manager of Personnel, we understand because he considered certain phases thereof were in conflict with the rules agreement and that the work in question was not exclusive to the scope of the agreement with the Clerks' 6rganization. Nevertheless, the following memorandum as to general intent and. agreed local application was reached in conference on January 25, 1941,

                                        Award No. 26

                                        Docket No. CL-8578


      attended by Mr. W. M. Hale, Station. Supervisor, Mr, F. E. McCarthy, General Chairman, Mr . C. A. Casberg, Assistant General Chairman, and Dan Madden, Local Chairman:


    "l1. Local Chairman Madden will supply list.of names of experienced heater men available for this work.


      t2, Men sent from South Water Street to Markham will receive a days pay at the rate they would have received had they worked at South Water Street; that is, if a caller does heater work he will receive eallerts rate, ete.


    !3. go penalty time will be claimed if employe wdilks tit both South Water Street and Markham during same day.


    _ Starting time A-41e will be waived by.employes sent to doheater work.°.


It. does not appear to have been the iaitent'of'the psrt-ies.to establish a group of positions which would be available oia-each shift daring the season and large enough to handle any and all services required at any given, tike; rather, it appears to-have been to gire employes of South Water Str®bt more work than they otherwise would have had.. In this case the parties were driddenly faced with an unusal situation due to the enactment of the so-ooalled aSmoke-Crdixiance" of the City of Chicago. In attempting to find a solution to this problem,'tL..e,parties entered into an agreement, heretofore mentioned, The parties abided by this agreement for approximately fiftsen years without objection from either of the parties involved. .We are of the opinion that where parties find a solution to,;a..problem and abide by that solution until the problem no,longer exists, it is now too late to object to.what they voluntarily entered into.

 FINDINGS.. !fhe Special Board of Ujustment.No. 170 after giving to the parties
 to,this dispute due nomiee of hearing thereon, and upon the whole record and all the evidence,-fr3nds and holds t'

 That.:the Carrier and Employes involved in this dispute are respectively Carrier and Employes within the cleaning of the Railway Labor Act;

 That the Special Board of Adjustment No. 170 has jurisdiction over the dispute involved herein; and

        That the Agreement wag not violsted.


AWARD: Claim denied.

                SPECIAL BOARD of ADJ-USTitEHT No. 170


                /S/ $d w. M. Share

Edward M. Sharpe = Chairman
 /s/ E. Ii. Hallmann
 1. B. Simmons - ftgloye ember E. H. &allmank -·r Carrier Member.

 ghieago, Illimmis
 January 17, 1958 4
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