SPECIAL BOARD OF ADJUSTMENT N0. 306
THE ORDER OF RAILROAD TELEGRAPHERS
Vs.
THE NEW YORK, MEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT
OF CIAI14: "1. Carrier violated the prevailing Agreement, and continues
to violate same each day at Whipple, R.I. when it permits or
requires operators of motor track cars and/or conductors of
trains to obtain from the train dispatcher, by telephone, permission to move train or motor car past a fixed signal indicating "Stop" and obtain permission to enter the main track
under manual block rules by communication with train dispatcher
between the hours of 5:15 a.m. and 1:15 p.m.
2. On each occasion commencing April 1, 1959, that employes
outside the coverage and scope of the Telegraphers' Agreement,
by telephone, perform service covered by the Agreement, the
regularly assigned operator at Whipples, R.I., G. W. Smith,
R. Monast, or such other employes under the Agreement, who may
be assigned to the position of operator, Whipple, R. I. shall
be compensated in accordance with the terms of Article 7 of
the Agreement."
FINDINGS: Carriers line between Boston Switch and South Worcester
is double track North from Boston Switch to Whipple and single
track from there to South Worcestor. It is automatic block
signal territory and at Whipple there is a spring switch and
a stop signal for northbound traffic.
Until January 20, 1959 operators were assigned at Whipple
5:15 A. M. to 1:15 P.M. and 1:15 P.M. to 9:15 P.M. Thereafter
the first shift position was abolished. There is one freight
train regularly operated northward during the hours of the
abolished trick. It operates on train order issued at Valley
Falls, stops for signal at Whipple where the conductor calls
the dispatcher from a pole box, as required by operating Rule
509, reports signal against him and, if advised there is no
opposing train in the block, proceeds at restricted speed.
It appears that regardless of the terminology used, there
is here a signal controlling entry into a block not actuated
automatically which requires approval of the dispatcher to
enter the block, or having train preceded by flagman. When
the procedure of contacting the dispatcher is utilized, the
result simply is the establishment of a manual block within
automatic block territory. This contact with the dispatcher
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and clearance to proceed was and is handled by the operator
when on duty and is work reserved to telegraphers under the
circumstances shown.
A14ARD: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY, E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Duffy
RUSSELL J. WOODMAN, Employe Member J. J. DUFFY, Carrier Member
DATED: June 13, 1961
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