SPECIAL BOARD OF ADJUSTMENT NO. 310
The Order of Railroad Telegraphers
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee, ORT, Philadelphia Division,
that. M. F. Mouery, Extra Block Operator is entitled to 8
hours' pay as, per time card submitted for November 18, 1954, because of Extra
4778-4782 East was required to operate the- switches at Smith, a closed Block Sta
tion, to pick up a train from the passing siding at, Smith. Extra 4778-82 passed
Columbia at 3.17 P.M., November 18, 1954." (Philadelphia Division Case No.
14392 - System Docket No. 274)
FINDINGS:
Despite the fact that prior to June 14, 1949, when Smith Block Station was
closed, the switches there were under the jurisdiction of the Operator, we fail
to find any agreement violation because a train and engine service employee, on
November 18, 1954 threw the ground switch or switches to permit his train to continue its journey from Smith.
This issue of throwing ground switches was covered by our Award No. 12, in
Docket TE-8605, as well as Award 8421.
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
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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 RE
PRESENTED 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, 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:
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"'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."
SQA 310
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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 as well, such as blocking and report-
ing 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.Jv.Woodman
Employe Member
in