the resolution adopted by the Senate Commerce Committee on October 12, 1965. The interest of the parties as well as that of the public demands expeditious handling by all concerned. Inasmuch as approximately 30 days have elapsed since the services of the Board were first requested, it would be appreciated if you would advise at your earliest convenience when the services of the Board might be expected. H. E. GILBERT. FEBRUARY 10, 1966. H. E. GILBERT, President, Brotherhood of Locomotive Firemen & Enginemen, Re your wire concerning applications B.L.F. & E. notices November 15, 1965, various carriers. These applications being handled with carriers in usual manner. Preliminary handling should be completed within next few days on some carriers. We will advise you promptly as preliminary handling is completed. President, Brotherhood of Locomotive Firemen & Enginemen, GENTLEMEN: Reference is made to application for the mediation services of this Board, in a dispute between the Brotherhood of Locomotive Firemen & Enginemen and the Chesapeake & Ohio Railway Co. (Chesapeake division), described as follows: "Section 6 notice of November 15, 1965, for an agreement or changes in existing agreements providing for the employment of firemen (helpers) on locomotives in yard and road service." This application has been docketed as our case No. A-7706 and will hereafter be referred to by that number. A mediator will be assigned to mediate this dispute consistent with prior commitments. Very truly yours, THOMAS A. TRACY, Executive Secretary. Mr. G. M. SEATON, Jr., Assistant Vice President, Labor Relations, Huntington, W. Va. Mr. H. E. GILBERT, NATIONAL MEDIATION BOARD, Washington, D.C., February 17, 1966. President, Brotherhood of Locomotive Firemen & Enginemen, Cleveland, Ohio. GENTLEMEN: Reference is made to the application received from the Brotherhood of Locomotive Firemen & Enginemen for the mediation services of this Board in a dispute with the Chesapeake & Ohio Railway Co. on the subject: "Section 6 notice of November 15, 1965, for an agreement providing for the recall and restoration of seniority rights of those firemen (helpers) whose employment and seniority were terminated by the application or misapplication of the award of Arbitration Board No. 282; and providing for reimbursement for such monetary losses sustained as a result of improper termination, inconvenience, or deprivation of seniority rights." Attached for Mr. Gilbert's information is a copy of Mr. Seaton's letter dated February 8, 1966, in response to our request for information in regard to this application. You will note that the carrier takes the position that the Board should reject the organization's application on the basis that its proposals are premature, unlawful, and nonbargainable. The Board, after review of the entire file, has determined that a hearing should be held in order to afford the parties full opportunity to present their views and contentions as to whether the Board should docket this application. The time and place for the hearing will be announced at a later date. THOMAS A. TRACY, Executive Secretary. GENTLEMEN: Reference is made to the application received from the Brotherhood of Locomotive Firemen & Enginemen for mediation services of this Board in a dispute with the Chesapeake & Ohio Railway Co. (eastern and central region) on the subject: "Section 6 notice of November 15, 1965, for an agreement providing for a uniform, progressive training program for firemen (helpers) in the operation, maintenance, and inspection en route or in service of all types of motive power, and in safety of operations, jointly administered." Attached for Mr. Gilbert's information is copy of a letter dated February 8, 1966, from Mr. Seaton in response to our request for information in regard to this application. You will note that the carrier takes the position that the application for mediation should be rejected on the basis that the proposals are premature, unlawful and nonbargainable. In order to assist the Board in reaching a decision in the matter of docketing this application, we would appreciate a clarification as to the extent and scope of the proposals covered by this notice. For example, we would appreciate being advised as to the specific occupations covered by the craft of locomotive enginemen referred to in the proposal. It is noted that the proposal refers in various sections to "all engine service employees." We would appreciate being advised as to the specific occupations covered by the phrase, "all engine service employees." A prompt response to this request would be appreciated. Very truly yours, THOMAS A. TRACY, Executive Secretary. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, Mr. T. A. TRACY, You ask in the final paragraph of your letter for a clarification as to the extent and scope of the proposals covered by the section 6 notice and you make special reference to specific occupations covered by the craft of locomotive enginemen in the proposal as well as the reference to "all engine service employees." Inasmuch as under the Railway Labor Act, as amended, the Brotherhood of Locomotive Firemen & Enginemen represents firemen (helpers) and hostlers on the C. & O. Railway, the term "locomotive enginemen" as indicated in the document attached to the section 6 notice would only include these two crafts. This same reasoning would hold true for the term "all engine service employees." It is important to point out that for more than 50 years schedule rules have been in effect on all major U.S. railroads which set forth the manner in which engine service employees shall be promoted. During this 50-year period the carriers, as well as the brotherhoods who represent engine service employees, have acknowledged the procedure involving promotion rules. Nothing in our section 6 notice dated November 15, 1965, deviates from this procedure inasmuch as during this extended period of time dating back to the early part of the century, engine service employees while working as locomotive firemen (helpers) have been required to prepare themselves for promotion which has included comprehensive questions covering locomotive machinery, air brake, and operating rules. The procedure for preparing themselves for examination on locomotive machinery, air brake, operating rules, etc., is covered in existing collective bargaining agreements between the individual carriers and the B.L.F. & E. general grievance committees. The primary purpose of the section 6 notice dated November 15, 1965, served on the carrier by the B.L.F. & E. is to formalize this training of engine service employees while they are working in the craft or crafts under the jurisdiction of the Brotherhood of Locomotive Firemen & Enginemen on the Chesapeake & Ohio Railway (eastern and central region) which, as stated above, is a refinement of and a continuation of the procedure that has been followed in the railroad industry for more than half a century. Very truly yours, H. E. GILBERT, President. MARCH 3, 1966. Mr. LEVERETT EDWARDS, Chairman, National Mediation Board, By telegram dated February 9, 1966, to National Mediation Board Secretary T. A. Tracy I urged expeditious handling of our request for the services of the Mediation Board on B. L. F. & E. notices dated November 15, 1965, on the following railroads: C. & O.-B. & O.; Norfolk & Western; Louisville & Nashville; Atlantic Coast Line; Atchison, Topeka & Santa Fe; and Southern Pacific (Pacific Lines). In discussion with NMB member, Howard Gamser, on February 24 in the presence of Secretary of Labor W. Willard Wirtz and Assistant Secretary of Labor James J. Reynolds, I again urged prompt attention to this dispute. As of this date mediators have not been assigned nor has date been set to initiate mediation. Please advise when we may expect mediation to begin in these cases. H. E. GILBERT. MARCH 7, 1966. H. E. GILBERT, President, Brotherhood of Locomotive Firemen & Enginemen, Re your wire of March 4, 1966, concerning applications for mediation filed by your organization on the following railroads: C. & O.-B. & O.; Norfolk & Western; L. & N.; ACL; Atchison, Topeka & Santa Fe; and SP (Pacific Lines); Board has assigned A docket numbers to several of these cases, as you have been advised. On others, docketing awaits carrier confirmation of completion of conferences on respective properties. On still others Board has requested further information from B. L. F. & E. or determined that a hearing prior to docketing is essential. Board will assign mediators to these cases which have been docketed as soon as possible, consistent with prior commitments. THOMAS A. TRACY, Executive Secretary, National Mediation Board. NORFOLK & WESTERN RAILWAY CO., File: E-7400 Mr. THOMAS A. TRACY, Executive Secretary, National Mediation Board, DEAR SIR: This will acknowledge receipt of your six letters addressed to Mr. E. B. Hunter, director of personnel, Norfolk & Western Railway Co., Cleveland, Ohio, dated January 20, 1966, which have been forwarded to me by Mr. Hunter (see Mr. Hunter's letter to you dated January 24, 1966) advising that your Board is in receipt of applications for mediation from the Brotherhood of Locomotive Firemen & Enginemen covering disputes on three section 6 notices, all dated November 15, 1965, between that organization and the Norfolk & Western Railway Co. (Atlantic and Pocahontas regions) and the Norfolk & Western Railway Co. (Virginian district). Attached hereto, in duplicate, are copies of the notices dated February 2, 1966, served by this carrier on the two general chairmen on the regions and district referred to next above for concurrent handling with the organization's combination proposal. In this connection, please be advised the Norfolk & Western Railway Co. has authorized the Southeastern Carriers' Conference Committee, in conjunction with the National Railway Labor Conference, to represent it in the further handling of this entire matter; therefore, any further communications in connection therewith should be addressed to Mr. J. E. Wolfe, chairman, National Railway Labor Conference. Yours truly, Mr. H. C. WYATT, Senior Vice President, H. E. WYATT, Senior Vice President. NATIONAL MEDIATION BOARD, Norfolk & Western Railway Co., Roanoke, Va. DEAR MR. WYATT: This will acknowledge your letter of March 1, 1966, pertaining to individual applications received from the Brotherhood of Locomotive Firemen & Enginemen for the services of the Board concerning their three section 6 notices served on your company on or about November 15, 1965. It is noted that you served notices on the organization on February 2, 1966, to revise and supplement existing agreements as set forth in your attachment "A". It is also noted it is the carrier's intention to handle the proposal concurrently with the B.L.F. & E. notices referred to above. As a matter of information, there is attached hereto for Mr. Gilbert copy of the above-mentioned letter together with attachments. It is noted that the National Railway Labor Conference has been authorized to handle this matter. Before proceeding further with this matter, we would appreciate advice from Mr. Wolfe as to whether or not your letter of March 1, 1966, is to be construed as an application for mediation in behalf of the carrier. Very truly yours THOMAS A. TRACY, Mr. THOMAS A. TRACY, National Mediation Board, NORFOLK & WESTERN RAILWAY CO., WESTERN REGION, DEAR SIR: This will acknowledge the receipt of your letters (three in number) dated January 20, 1966, directed to Mr. E. B. Hunter, director of personnel, Norfolk & Western Railway Co., at Cleveland, Ohio, which were forwarded to this office with copy of Mr. Hunter's letter of January 24, 1966, addressed to you. Your letters of January 20, 1966, above referred to, advise that the National Mediation Board is in receipt of applications for mediation from the Brotherhood of Locomotive Firemen & Enginemen covering disputes arising out of three section 6 notices proposing an agreement or changes in existing agreement which were all dated November 15, 1965, between that organization and the Norfolk & Western Railway Co. (Wabash RR.). Two copies of the notice dated February 2, 1966, which was served by the carrier on its employees represented by the Brotherhood of Locomotive Firemen & Enginemen who are employed on that part of its line which was formerly operated by the Wabash Railroad Co., and which was then known as lines west of Detroit and Toledo for concurrent handling with the organization's combination proposal of November 15, 1965, are attached. In this connection you are advised that the Western Carriers' Conference Committee, in conjunction with the National Railway Labor Conference, has been authorized to represent the Norfolk & Western Railway Co., in the further handling of the organization's combination proposals of November 15, 1965, and the carrier's notice of February 2, 1966, which are referred to herein, and that any further communications pertaining thereto should be addressed to Mr. J. E. Wolfe, chairman, National Railway Labor Conference. Yours truly, F. A. JOHNSON, NATIONAL MEDIATION BOARD, DEAR MR. JOHNSON: This will acknowledge your letter of March 4, 1966, pertaining to individual applications received from the Brotherhood of Locomotive Firemen & Enginemen for the services of the Board concerning their three section 6 notices served on your company on or about November 15, 1965. It is noted that you served notice on the organization on February 2, 1966, to revise and supplement existing agreements as set forth in your attachment A. It is also noted it is the carrier's intention to handle the proposal concurrently with the B.L.F. & E. notices referred to above. As a matter of information, there is attached hereto for Mr. Gilbert copy of the above mentioned letter together with attachments. It is noted that the National Railway Labor Conference has been authorized to handle this matter. Before proceeding further with this matter, we would appreciate advice from Mr. Wolfe as to whether or not your letter of March 4, 1966, is to be construed as an application for mediation in behalf of the carrier. Very truly yours, THOMAS A. TRACY, NORFOLK & WESTERN RAILWAY CO., File: 23-10-26. Mr. THOMAS A. TRACY, Executive Secretary, National Mediation Board, DEAR SIR: With my letter of January 24, 1966, I acknowledged receipt of your 12 letters dated January 20, 1966, making reference to the Norfolk & Western Railway Co. (Nickel Plate & Clover Leaf District), (Lake Erie & Western District), (Wheeling & Lake Erie District), and (the Pittsburgh & West Virginia Railway Co.), advising that your Board is in receipt of applications for mediation from the Brotherhood of Locomotive Firemen & Enginemen covering disputes on three section 6 notices served by that organization on this carrier, all dated November 15, 1965. Attached hereto, in duplicate, are copies of notices dated February 2, 1966, served by this carrier on the B. of L.F. & E. general chairmen representing firemen on the territories of this carrier referred to next above for concurrent handling with the organization's combination proposal. |