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Yard and C.B.&Q. at LaGrange. After these contracts have expired, all work at both points will be performed by I.H.B.R.R. carmen.

/s/ W. L. Houghton

Superintendent of Equipment

4-5

I concur in this arrangement.
18/ M. J. McGuiness

General Vice Chairman
Brotherhood Railway Carmen of America"

Mr. Houghton's settlement with Mr. McGuiness gives this work exclusively to the carmen.

In 1949 another dispute arose in which the carmen in the East and West Bound Yards made claim for pay on account of trainmen coupling the air hose. This dispute was settled by Superintendent S. Kuhn and General Chairman M. J. McGuiness, and a memorandum of agreement drawn up which reads as follows:

“Memorandum of conference between the Brotherhood of Railway Carmen of America and the Indiana Harbor Belt Railroad Company held at Chicago, Illinois, November 16, 1949, for the purpose of settling claims covering the coupling of air hose and testing of air on trains departing from Blue Island South Yard on the Indiana Harbor Belt Railroad.

Agreement was reached to allow two (2) hours each shift for each working day at the prevailing straight time hourly rate, a total of six (6) hours per day for the months of March, April, May, June, July, August and September, 1949 as follows:

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The parties hereto are agreed that the payment of the above listed claims by the Carrier is without prejudice and does not establish a precedent and is in full settlement of satisfaction on any and all claims of such nature to and including the date of settlement.

FOR THE EMPLOYES:

FOR THE INDIANA HARBOR BELT
RAILROAD COMPANY:

/s/ M. J. McGuiness

/s/ S. T. Kuhn

December 15, 1949."

This is a compromise settlement by the organization, hence the words without prejudice and does not establish a precedent.

March 1954, another dispute arose in regards to the coupling of air hose in the Blue Island Yards, in which statements of facts were drawn up, the organization going ex-parte and the Indiana Harbor Belt Railroad Company going ex-parte. Claim of the organization as follows:

“Dispute: Claim of Employes: That the Carrier violated Rules Nos. 32 and 154 of the Current Agreement.

That the carmen in Blue Island Yards should be compensated under Rule No. 7, parag. C., for each instance where the trainmen coupled the air hoses on trains departing from Blue Island Yards as shown in the Statement of Facts.”

This case was settled on September 17, 1955 by General Mechanical Superintendent J. J. Wright, and to confirm this settlement he wrote General Chairman M. J. McGuiness under date of September 19, 1955 as follows:

"September 19, 1955 C-1

File 13.5

Mr. M. J. McGuiness
General Chairman, Carmen
15316 Parkgrove Ave.
Cleveland 10, Ohio

Dear Sir:

Referring to our letter of September 15, 1955, File 13.5, regarding Case G-1160, in regard to claim presented to Blue Island, in connection with coupling air hoses:

As brought out in our meeting on September 17 in this office, we are confirming settlement of $125.00 for the 17 claims listed on the ex-parte Statement of Facts, dated Chicago, May 4, 1954, and for five claims presented up to March 31, 1955. As agreed this Claim is settled with the understanding that the above was Carmen's work. Therefore, you may close your file.

Very truly yours,

/s/ J. J. Wright"

In this instance the claim was for coupling hose only, and a violation of Rules 32 and 154. It will be noted that the carrier conceded that the coupling of hose is carmen's work, also conceded to the fact that Rules 32 and 154 were violated.

October 11, 1955 a dispute again arose in regards to the coupling of air hoses, the employes entered into an ex-parte statement of facts, and made claim as follows:

“Dispute: Claim of Employes: That the Carrier violated Rule 154 of the Current Agreement. Claim is made under Rule 7, Paragraph C, for two claims at $5.64 per claim, Messrs. A. J. Haslip and F. Vierum, respectively.

This case was settled by Mr. Lyon, Master Mechanic, after some correspondence between him and General Chairman M. J. McGuiness, Mr. Lyon's letter as follows:

“Chicago, Ill. March 13, 1957

13.5

Mr. M. J. McGuiness
General Chairman, B.R.C. of A.
15407 Parkgrove Avenue
Cleveland 10, Ohio

Dear Sir:

With reference to your letter of February 21, 1956 in regard to the coupling of air on two trains, as follows, at Blue Island Yard of I.H.B.R.R.

P.H. delivery-Track 38, Engine 9005 — 7:20 P. M. 10/11/55

C.&E.I.

40,

?

- 7:00 P. M. 10/11/55

Air coupled in both instances by Conductor R. T. Nevilles:

To dispose of these cases of long standing, I am agreeable to the payment of one claim each to Messrs. A. J. Haslip and F. Vierum in the amount of $5.96, in settlement of above claims, without prejudice to the carrier and without establishing by precedent a fixed value of such claims.

If acceptable, please advise and I will progress for payment as above.

Yours truly,

Is/ T.J. Lyon

Master Mechanic

cc: Mr. Harold P. Dudley

Local Chairman B.R.C. of A.
13451 Avenue “M
Chicago 33, Illinois"

General Chairman McGuiness replied as follows:

“March 16, 1957

Mr. T. J. Lyon, Master Mechanic
Indiana Harbor Belt Railroad
Gibson Shops
Gibson, Indiana

Dear Sir:

Acknowledging receipt of yours of the 13th in regards the claims of Messrs. A. J. Haslip and F. Vierum, Carmen at Blue Island, Illinois, on account of the Trainmen coupling air hose on trains on 10-8-55 and 10-11-55.

Your proposition to settle these claims for $5.96 each without prejudice to the carrier and without establishing by precedent a fixed value of such claims.

As you know Mr. Wright settled claims of this nature under date of September 19, 1955 with the understanding that this was carmen's work.

I am willing to accept your statement of settlement of these claims "without establishing by precedent a fixed value of such claims."

Upon payment to these men of the above amount you may close your files and I will do likewise with this understanding.

Very truly yours,

/s/ M. J. McGuiness

cc: Mr. Harold P. Dudley

Local Chairman B.R.C. of A.
13451 Avenue M
Chicago 33, Illinois”

An error was made in the original claim on the ex-parte statement of facts, the claim should have been for $7.956 for each man, therefore the words, “without establishing by precedent a fixed value of such claims."

Mr. Lyon paid the claims but did not reply to this letter.

In addition to this on January 20, 1950 a claim for pay was made at South Bend, Indiana, on account of trainmen coupling air hose. South Bend being on the New York Central Railroad, but have the same agreement as the I.H.B.R.R. the same identical Rules, the same supervision and at that time the Superintendent of the I.H.B. also had jurisdiction over the New York Central. This case was settled by paying the claims and conceding that the work of coupling air hose was that of carmen.

Again in September 1953 a claim was made for carmen for pay on account of switchmen coupling air hose, and this claim was allowed and paid.

From 1943 up to December 22, 1957 the work of coupling air hose and testing air was considered by the carrier as carmen's work. Mr. Houghton's letter of August 26, 1943 definitely agreed with Vice Chairman McGuiness. that this is carmen's work. His letter of February 6, 1946 also confirms this.

Mr. Kuhn's letter and agreement with General Chairman McGuiness also spells this coupling of hose as carmen's work, this dated December 15, 1949.

Mr. Wright's letter of September 19, 1955 to General Chairman McGuiness spells out the coupling of air hose as carmen's work. Mr. Wright being General Mechanical Superintendent, having jurisdiction over the New York Central West End and the Indiana Harbor Belt Railroad. Mr. Craft who was the highest operating official to which the shop crafts could appeal sat in on the discussion of this case and agreed with it.

The carrier continues to allege past practice on this property, but nowhere do they prove that on this property the work involved was not generally recognized as carmen's work. The foregoing clearly shows that the responsible officials on this property recognized the work as that belonging to carmen when they paid claims when such claims were brought to their attention, regardless of who performed the work other than carmen.

This dispute is between the carmen and the Indiana Harbor Belt Railroad and subject to be decided by the applicable agreement on the property involved.

The carrier cites many awards which are immaterial and irrelevant to the dispute on this property with the hope that this Board, with or without a referee, will make an award in this case on awards rendered in lieu of deciding the case on the basis of the applicable agreement, interpretations thereto and the conduct of the parties on this property over the years. This dispute originates in the train yard at Blue Island, Illinois.

The carrier also discusses the so-called Cheney Arbitration Award, which speaks for itself and shows that the carmen were not a party to the dispute, therefore, any rights the carmen had and have were not changed.

The carrier in addition attempts to confuse the Honorable Members of the Board by inferring that the carmen are requesting that the carrier employ a carman at a seniority point where no carmen are employed, which is far from the truth, as they admit in other parts of their submission that carmen are employed at this seniority point. This Division has ruled that work contained within the scope of an agreement cannot be lifted therefrom and assigned to others without making whole employes holding seniority and rights to perform the work.

The facts of record and the controlling agreement rules, adequately sustain the statement of dispute in its entirety, and the Honorable Members of this Division are respectfully requested to so find.

CARRIER'S STATEMENT OF FACTS: The train yard involved in this dispute is known as Old Blue Island Yard and is the interchange point of the carrier's trackage with both the Grand Trunk Western Railroad and the Chicago, Rock Island and Pacific Railroad. This yard is located approximately three miles distant from the carrier's Blue Island Classification Yard to which

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