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Summary Record

              SPECIAL BOARD OF ADJUSTMENT 907

                         AWARD # 1





MEMBERS OF THE BOARD



        JOHN E. LUSTIG                J. P. CARBERRY

   I. L. A. Representative       B. L. E. Representative



                 JUDGE ARTHUR W. SEMPLINER

                    Chairman and Neutral





PARTIES   BROTHERHOOD OF LOCOMOTIVE ENGINEERS

TO

DISPUTE   INTERNATIONAL LONGSHOREMAN'S ASSOCIATION





DISPUTE   The manning and operation of cars at the new self-

          unloading ore  facility at  Toledo Docks,  Toledo,

          Ohio.





FINDING:



     A new  self-unloading ore  facility was constructed and

placed in operation at Toledo, Ohio. It was the intention of

the carriers  (C &  O, B  & O)  to  utilize  remote  control

locomotives in  this operation,  operated by I.L.A. members,

in the  yard tracks  between storage  tracks, load stations,

and  departure  tracks.  Historically,  the  B.L.E.  members

operated all locomotives on standard gauge tracks, while the

I.L.A. operated  pusher type  side arm mules on narrow gauge

tracks which  could, and did, move standard cars on standard

tracks. The mule was simply a car mover between the hullets,

the storage tracks and the marshaling yards.



     There has  been built a new unloading facility south of

the docks and the old hullets, using an underground conveyer

to move  the ore  to  the  new  loading  station.  This  new

facility does  not use  the side  arm pushers,  but standard

locomotives by  operation of  manual or cab controls, remote

control thru  a power  pack on  the ground, or elsewhere. In

effect, the  self-unloading ships, conveyers, and the use of

loading station has replaced the old dock and hullet system.

Thus the present dispute involves the handling of empty cars

to be  placed under the loader (formerly hullet) and shoving

those cars,  as they  are loaded to a point in the yard, all

work formerly  performed by  I. L.  A. members in the hullet

operation, but with a side arm pusher.



     Both   organizations    have   agreements,    seemingly

supporting their  positions. The I. L. A. agreements provide

that the  loading and  unloading of  boats, and all crews in

operation shall  be  manned  under  I.L.A.  agreements.  The

B.L.E. agreements  provide that any locomotive operated over

main tracks, or principal side tracks within yards, shall be

operated  by   a  locomotive  engineer.  It  has  long  been

acknowledged that  a change  of equipment  did  not  deprive

contract employees  or work by the mere change or equipment.

However, here  the work  of the  I.L.A. was with side pusher

mules on  narrow  gauge  tracks  directly  adjacent  to  the

Hullets. Here not only were locomotives substituted for side

pusher mules,  but the location of the work was changed to a

point remote from the former work in and around the hullets.



     By the use of Hullets and now the self-unloading ships,

the work  of unloading  has gradually  been taken  away from

members of the I.L.A. The work of loading rail cars has been

moved further  from the  dock area to a facility serviced by

locomotives. Locomotives  have historically been operated by

railroad engineers  and trainmen.  The jurisdiction  of  the

I.L.A. to  move cars  lies solely  in the  use of the narrow

gauge side  arm pusher, and work on the docks. Here the work

of operating  a pusher locomotive during the loading of rail

cars, delivering  cars to  the area  north of  the load  out

station and  the switching  associated with such services is

the work of train and engine crews.





AWARD:    THE WORK  OF OPERATING  A PUSHER LOCOMOTIVE DURING

          THE  LOADING  OF  RAIL  CARS  IS  AWARDED  TO  THE

          BROTHERHOOD OF LOCOMOTIVE ENGINEERS.





ORDER:    This award is ordered effective forthwith.







                              Judge Arthur W. Sempliner

                              Chairman and Neutral



December 11, 1981

Detroit, Michigan