SPECIAL BOARD OF ADJUSTMENT NO. 310
The Order of Railroad Telegraphers
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM: "Denial of Nick Homick's Time cards for August 26, 31,
September 1, 2, 7, 9, 14, 15, 16, 21,-22, 29, 1953,
account of crews throwing switches in Allen Lane Interlocking." (Philadelphia Terminal Division -System Docket No. 225)
FINDINGS:
Carrier abandoned Allen Lane Block and Interlocking Station, and certain
switches and crossovers, which had been operated through the Interlocking at
Allen Lane by the Operator-clerk then assigned, were changed to hand operated
switches and crossovers.
A local freight services various industries on the Chestnut,Hi11 branch once
a day, excepting Saturday and Sunday. Since Allen Lane Block and Interlocking
Station was abolished, train service employees have been required to operate the
hand thrown switches for the movement of their own trains.
Organization contends "these crews are doing work formerly done by the
Operator-clerk, and so are violating our agreement that our work belongs to us
and their work to them."
Regulation 4-S-1 of the applicable agreement states
"(a) An employee shall not be required to throw switches, except in cases
of emergency, unless the regular duties of the position involved include the
performance of such service.
"(b) When the duty of throwing ground switches is regularly assigned to a
position, the rate of pay of such position shall be adjusted by agreement,
in writing, between the duly accredited representative and the proper officer of the Company."
It is argued on behalf of the Organization that the Carrier should have negotiated with the Organization on this matter.
We do not agree.
Regulation 4-S-1 shows an aversion, generally, on the part of employees here
petitioning, to throwing ground switches. The Regulation clearly empowers-Carrier to require these employees to throw ground switches only (a) in an emergency
or (b) where such duty is among the regular duties of the position involved.
S(3A 310
Iwb t2
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 ***.
Renegotiation 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 rules 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, TelephoneOperators (except Telephone Switchboard Operators), Block Operators."
The Arbi-
tration 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
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, Employ:-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:
® · SBA 310
Aw D %7-
-2-
"'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 sta
tions-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 hay 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 which may hereafter be closed-or abolished.
Temporary block 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
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."
· · SSA 310
(~wD 1Z
-3-
As may be noted the rule, directed at Train and Engine Service Employes, is
that they shall not be required to copy train orders
.<e
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 receiv-
ing 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 awards
/s/ Russell J. Woodman
Russell J..Woodman
Employe Member