STATEMENT OF CLAIM . "Protest against position of Operator-Clerk, third
 trick, Kalamazoo, being abolished effective June 9, 1952 by General Order No. 204, and Block operations being transferred to other officers, clerical duties performed by Agent forces and by Train Conductors in violation of Scope Regulations; also, Awards 4042 and 4053. Claim is made covering losses sustained by regular incumbents and other employes affected, contending that position was closed without the duties thereof being abolished in fact." (Fort Wayne,Division Case No. 89 - System Docket No. 216)

 FINDINGS :

 In our decision in Award No. 9, Docket TE-8491, we denied the claim of the organization that, having closed "Z" block station at Kalamazoo on Saturdays and Sundays, effective September 1, 1949, it should have established relief assignments to cover the positions on Saturdays and Sundays.

 In the claim before us in this docket, organization protests Carrier action of June 9, 1952 in abolishing the position of Operator-clerk on the third trick at Kalamazoo and the transfer of Block operations to other offices, clerical duties performed by Agent forces and Train Conductors.

 This Board and the Third Division have taken the position that the Carrier has the right to close block stations, extend the block and require Block Operators at other stations to do the work formerly done at the closed station. Awards 7653, 7654.

 Here we have a position of Operator-clerk abolished. The Operator duties he formerly performed were assigned to other telegrapher employees. The clerical work involved, not belonging exclusively to telegraphers, was assig ned to other employees.

 This claim involves the same principle we ruled on in our decision in Award Nos. 10 and 11, Dockets TE-8506 and 8507.

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



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.

                                      SBA 310

                                      AwD 4o


. 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."

- . S8A 3ro
 - A wp Lit

                              -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 ... 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