SPECIAL BOARD OF ADJUSTMENT N0. 310


                The Order of Railroad Telegraphers


                          and


                The Pennsylvania Railroad Company


    STATEMENT OF CLAIM; "Claim of the General Committee of The Order of

    Railroad Telegraphers that 19 Train Order No.

    506 dated March 9, 1953 closing Yellow Springs, Ohio permanently as a

    Block Station, did not abolish the Block Operator's work formerly

    performed by the Agent at Yellow Springs, since exactly the same work

    remains to be performed and is being performed by the Operators at

    Xenia Block Station direct with train crews at Springfield, instead

    of through the Operator at Yellow Springs, Ohio. Award 6097 supports

    this position and the violation has now been extended to include

    Monday through Friday, as well as on Saturdays as formerly. Claim is

    made for L. L. Wysong, incumbent of the position for each Saturday

    this violation continues and on each Monday through Friday for an

    idle extra Block Operator, or if none available, a call for each

    train order handled by the Operator at Xenia formerly handled by the

    Agent at Yellow Springs, to be paid to the oldest idle regular man

    available that date," (Columbus Division Case No. 103 - System

    Docket No. 227)


                  FINDINGS:


This claim involves Carrier's action in closing Yellow Springs, Ohio permanently as a block station. Organization contends Carrier action did not abolish the Block Operator work formerly performed by the Agent at Yellow Springs, since the same work is being performed by the Operators at Xenia Block Station direct with train crews at Springfield instead of through the Operator at Yellow Springs.

 The effect of Carrier's action was simply to close Yellow Springs and make one block of the territory between Xenia and Springfield. The work continues to be handled by members of the Organization here petitioning.

 We ruled on this same type of action in TE-8491. As we ruled in that case, so we shall rule here.

    AWARD*


    Claim denied.


    Signed this 10th day of April 1961.


                  /s/ E. A. Lynch

                  E. A. Lynch, Chairman


/s/ C. E. Alexander
 C, E. Alexander, Carrier Member R. J. Woodman, Employe Member
              · · 513A 310

              1®


                        DISSENT

No Board of Adjustment has the authority to modify or amend existing rules but that is what we find the end result to be based on the "Findings" and "Award" of the majority. The Third Division ruled in Award No. 5703:

    "* * * we cannot make a rule nor modify existing rules * * *. Renego

    tiation thereof in the manner provided by the Railway Labor-Act is the

    proper source of authority for that purpose."

Arbitration Award No. 153 awarded a train order rule, it did not amend the Scope Rule of the currently effective agreement extant between the parties. Yet here we have the majority making a finding and an award that has gone beyond the Arbitration Award. The majority has here actually modified and amended the Scope Rule.
 Arbitration Award No. 153 awarded a rule which would not require Train and Engine Service Employes to copy train orders, except in emergencies, at points where and during the hours when Block or Telegraph or Telephone Operators are scheduled to be on duty, or at block stations which have been closed or abolished since May 1, 1938, or at block limit stations which have been closed or abolished since May 1, 1938 or which may thereafter be established. The Scope Rule of the agreement contains the classifications: "Telegraphers, Telephone-Operators (except Telephone Switchboard Operators), Block Operators." The Arbitration Board awarded a train order rule as attested by the following:

"NATIONAL MEDIATION BOARD

ARBITRATION BOARD

Arbitration Case No. 153

Case No. A-3521


In the Matter Of:

 DISPUTE BETWEEN THE PENNSYLVANIA RAILROAD COMPANY AND ITS EMPLOYES REPRESENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, BROTHERHOOD OF RAILROAD TRAINMEN, AND THE ORDER OF RAILROAD TELEGRAPHERS
 _ · S8 a gia _
 Aw~D id

          _ 2 -


AWARD OF BOARD OF ARBITRATION

 Pursuant to an arbitration agreement entered into by the above named parties on March 28, 1951, in accordance with the provisions of the Railway Labor Act, the Board of Arbitration consisting of Winfield G. Salmonson, Carrier-named member, C. H. Keenan, Employe-named member, and David L. Cole, neutral arbitrator, who was designated Chairman, having duly heard the parties and considered their evidence and arguments, does hereby make its award as follows:

 "1. It declines to award the rule proposed by the Organization as set forth in Paragraph Fourth of the aforementioned arbitration agreement.

 2. It awards a rule in the language following, to become effective on February 15, 1952, and to continue in effect until it is changed or modified in accordance with the provisions of the Railway Labor Act, as amended:

 'Except in emergencies, Train and Engine Service Employes shall not be required to copy train orders at points where, and during the hours when Block or Telegraph or Telephone operators are scheduled to be on duty, or at block stations which have been closed or abolished since May 1, 1938, or at block limit stations which have been established since May 1, 1938, or which may hereafter be established.

 (1) The emergencies referred to shall include only storms, washouts, tornadoes, obstructions to tracks, slides, accidents, casualties, wrecks, engine or equipment failures, hot boxes, or break-in-two's, provided such cause or causes would result in serious delay and were not anticipated by the train dispatcher when the train was at the last open block or telegraph station.

 (2) At block stations which have been closed on certain tricks or during certain hours continuously since May 1, 1938, the restrictions of this rule shall not apply on such tricks, or during such hours.

 (3) The train orders referred to in this rule are those of the type now designated as Form 19 Train Orders in their various forms, and as illustrated on pages 35 through 42 of the Carrier's Book of Rules, edition of September 25, 1949.

 (4) The restrictions of this rule shall not apply to temporary block stations which have been closed or abolished or wheich may hereafter be closed or abolished. Temporary blcok stations as referred to herein, are defined to be block stations opened for a temporary limited purpose only, such as the clearing or repairing of tracks, bridges or other facilities, construction projects, or the movement of some special purpose train or trains.'

                          BOARD OF ARBITRATION


                        /s/ David L. Cole,

                        Neutral Arbitrator and Chairman


                          /s/ Winfield G. Salmonson,

                          Carrier Arbitrator

                                        SSA 310


                          - 3 -


December 12, 1951
 DISSENT BY BOARD MEMBER C. H. KEENAN

 I consider the award agreed to by the majority of the members of this Arbitration Board to be very improper and unjust to the involved employes; it seriously discriminates against them, and is not responsive to the evidence of record. Moreover, this award fails to require the correction of practices that violate the inherent fundamental principal of craft rights and representation as contemplated by the Railway Labor 'Act, as amended. Therefore, I decline to participate in the rendition of the award

                          /s/ C. H. Keenan, Board Member."

As may be noted the rule, directed at Train and Engine Service Employes, is that they shall not be required to copy train orders . . . at block stations closed or abolished after May 1, 1938, or at block limit stations established after that date except in emergencies. An Understanding, reached in 1938 between the parties, not only embraced the handling of train orders by Train and Engine Service Employes but all other block operator's work as well, such as blocking and reporting trains, handling switches and clearance cards, transmission and receiving messages, and all other related duties assigned and accruing to the block station positions at the time of abolishment. The Arbitration award did not alter or otherwise annul the Scope Rule or the Oral Understanding as to block operator's work being off limits to other employes if the office was one closed after May 1, 1938.
 The Arbitration award is supplemental to the Scope Rule and to the Oral Understanding of May 1, 1938, it is not a substitute thereof, hence we here have an erroneous award.

                          /s/ Russell J. Woodman


Russell J. Woodman

Employe Member