SPECIAL BOARD OF ADJUSTMENT NO. 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 on the Pennsylvania Railroad Company that
Nick Hommick, Extra Block Operator, was available and not used to perform block
operator service at Wawa on August 28, 31, and September 1, 2, 6, 7, 13, 14, 15,
16,- 20, 21, 22, 27, 29, 1953, but instead train service crews were required to
operate the switches and perform all other block operator duties at Wawa for
merly performed by the Block Operators in violation of the Telegraphers' Agree
ment." (Philadelphia Terminal Division - System Docket No. 226)
FINDINGS-
The issues here are the same as in Award No. 12, Docket 8605, which were
denied.
For the reasons therein set forth, this claim will be denied.
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
5CA SIa
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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 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.
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, Carriernamed 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.
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"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 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."
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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 at 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