June 22, 1962. Mediation of the dispute was unsuccessful and formal proffer of arbitration was made to the parties by the Board on June 26, 1962. The carriers expressed willingness to submit the dispute to arbitration but the brotherhood declined. RAILROAD MARINE WORKERS COMMISSION The Railroad Marine Workers Commission established March 24, 1961, by Executive Order 10929 to investigate a dispute between carriers represented by the New York Harbor Carriers' Conference Committee and certain employees represented by Locals Nos. 1 and 3, International Organization of Masters, Mates & Pilots, the Marine Engineers' Beneficial Association No. 33, the Seafarers International Union of North America, Atlantic and Gulf District, Railroad and Marine Division, AFL-CIO, submitted its report to the President June 11, 1962. The Commission consisted of nine members representing the public, carriers, and employee organizations. The public members appointed to the Commission were Isador Lubin, Chairman; Lloyd H. Bailer and Vernon H. Jensen. For the carriers the following were appointed: L. B. Fee, J. J. Gaherin, and J. H. Maher. Representing the organizations were Capt. John M. Bishop; G. P. McGinty, appointed April 6, 1962, vice Claude Simmons; and Ned R. Phillips appointed March 2, 1962, vice E. N. Altman. The dispute which was examined by this Commission began in 1959 when a series of section 6 notices were served upon carriers operating in New York Harbor who were represented by the New York Harbor Carriers' Conference Committee. After mediation efforts by the National Mediation Board failed to resolve the dispute, a Presidential Emergency Board (No. 133) was created, pursuant to section 10 of the Railway Labor Act to investigate and submit recommendations. The report of this Board issued December 10, 1960, was not accepted by the parties and January 10, 1961, a work stoppage on tugboats and ferries operated by the railroads was put into effect by the organizations. Within a short time the stoppage spread and virtually halted all railroad operations in and around the port of New York. January 23, 1961, a settlement of the dispute was reached through the efforts of various Federal, State, and local officials. The manning issue in the dispute was held in abeyance pending the report and recommendation of the Presidential Railroad began in 1959 s operating in k Harbor Carthe National ial Emergency Railway Labor of this Board and January 1 by the railhort time the ions in and ment of the 1, State, and in abeyance ial Railroad any change spective conective-bargaining agreements to Second: Negotiation for a specified period of time would be undertaken parties. Third: After the specified period of time if no settlement was reached, the c could be submitted to final and binding arbitration. Fourth: Specified protective conditions for employees furloughed or separa the immediate and proximate consequence of the application of the provisi change in crew complement. In regard to the specific proposal of the carriers to reduce the nu of deckhands on their tugboat crews by the elimination of the third hand, the Commission recommended the gradual discontinuan the position of the third deckhand together with certain benefits allowances for separated and furloughed employees. The Commi on the basis of the record and evidence presented, made no recom dation in regard to the request of the organizations for the assign of an oiler aboard tugboats and an assistant captain on ferryboats. The Commissioners representing the labor organizations filed a ous dissent. RAILROAD LIGHTER CAPTAINS COMMISSION Emergency Board No. 134, created pursuant to section 10 of the way Labor Act to investigate and make recommendations pertaini a dispute between employees represented by the Lighter Captains' U Local No. 996, International Longshoremen's Association, AFLand carriers represented by the New York Harbor Carriers' Confe Committee, made this recommendation among others in its report i March 6, 1961. The parties should seek consideration by the Presidential Railroad Comm or the Marine adjunct thereto of their controversy on job assignment to vesse the possibility of job elimination caused thereby, and should defer negotiatio this issue pending the receipt of guidelines from such a public body. In subsequent mediation proceedings the issues examined by H gency Board No. 134 were disposed of by agreement between the pa The issue as to the manning of lighters was deferred by agreement ing report of the recommended Commission. The organization, on the other hand, contended that the lighterage operation as performed in New York Harbor is vital and necessary both to the carriers and the shippers, that the proposed flexible assignment of the carrier would not work, and that efficient and safe operation required the present method of manning be continued. The Commission recommended that the carriers should have the right to use a lighter captain at more than one location and on more than one boat. The recommendation was coupled with recommendations pertaining to retirement and separation allowances. The employee member of the Commission filed a dissenting opinion. (c) Emergency mediation.-The Board in November 1955 began to assign an “E” number to certain type cases initiated when strike dates are set by labor organizations wherein the Board's services have been proffered under the emergency provision of section 5, first (b) of the act. Generally speaking, disputes of this nature involve changes in rates of pay, rules or working conditons and are handled in mediation in the same manner as is a case to which the Board has assigned an “A” number. (d) Voluntary arbitration.-If its mediation efforts prove unsuccessful, the Board must "at once endeavor as its final required action * * to induce the parties to submit their controversy to arbitration, in accordance with the provisions of this act.” But the failure or refusal of either party to submit a controversy to arbitration is not to be construed as a violation of any legal obligation imposed by the act. Arbitration boards, when agreed upon, may consist of three or six members, one or two arbitrators to be appointed by each party. These in turn are required to choose the third, or the fifth and sixth arbitrators in the case of a board of six. If the arbitrators appointed fail to agree on the remaining arbitrator or arbitrators, it is the duty of the National Mediation Board to name such arbitrator or arbitrators. The expenses of arbitration proceed. ings are paid by the Board. There has been only one instance where Congress intervened to make Arbitration final and binding upon the parties, a summary of which follows: ARBITRATION BOARD NO. 282 (Established by Joint Resolution of Congress—S.J. Res. No. 102), Approved August 28, 1963—Public Law 88-108 (NMB Case A-6700).— Parties to the dispute: Certain Carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees and Brotherhood of Locomotive ed that the lighterage should have the right dissenting opinion. mber 1955 began to when strike dates are ices have been prof (b) of the act. - changes in rates of ediation in the same n "A" number. prove unsuccessful, ed action * itration, in accord or refusal of either be construed as a Arbitration boards, mbers, one or two rn are required to he case of a board e remaining arbiediation Board to bitration proceed e instance where inding upon the Congress-S.J. Res B Case A-6700).— stern, Western and pod of Locomotive notices for extensive changes in the wage structure and work rules employees engaged in the operation of trains. The organization counter proposals under date of September 7, 1960, for wage a changes. The two issues, made subject to final and binding arbitration Public Law 88-108, related to proposals involving: (1) Use of Firemen (Helpers) on Other than Steam Power. (2) Consist of Train, Road, and Yard Crews (other than engine The other unresolved issues in dispute were remanded to the for further negotiations and during the 180 days the resolution be in effect, unilateral changes in agreements or resort to e strength by the parties was prohibited. Under the law, two members of the Arbitration Board wer named by the carriers and two members by the organizations t sent their respective interests. These four partisan members endeavor to agree upon and select three additional persons to neutral members. Provision was made that if the partisan membe to name the three addiitonal members within the time specified plete the Board, the President would name the additional memb The organizations named H. E. Gilbert and R. H. McDonald t sent their interests. The carriers named Guy W. Knight and J. E to represent their interests. When these partisan members failed upon and select the three neutral members, the President nam jamin Aaron of Santa Monica, Calif., James J. Healy of Boston and Ralph T. Seward of Washington, D.C., as neutral members plete the Board of Arbitration. The Arbitration Board met on September 11, 1963, and elec Seward as Chairman and adopted rules of procedure. Public were held in Washington, D.C., commencing on September 24 The award of the Board was issued and filed with the U.S. Distric for the District of Columbia on November 26, 1963. The three members of the Board wrote the majority opinion, in which carrier members concurred. The two organization members ma arate dissenting opinions. The following is a general outline of the principal features award: Firemen issue: Each carrier was given the right within 7 day service, as outlined in the award. Provision was made for adjustment of lists at three-month intervals with respect to crews established or discontinued in each seniority district during the preceding 3 months. After 37 days from effective date of award, carrier would not be required to use firemen on diesel locomotives in freight or yard service, except on those crews that have been designated by union representatives, or where it may be necessary to provide jobs for firemen whose employment rights are retained under provisions of the award; provided that no yard locomotive will be operated without a fireman unless it is equipped with a dead-man control in good operating conditon. Provision was made for a National Joint Board of four members (two to be selected by the carriers and one each by the Brotherhood of Locomotive Firemen & Enginemen and Brotherhood of Locomotive Engineers). The Joint Board was directed to make a study of the experience in the operation of diesel locomotives in freight and yard service with and without firemen during the period the award remains in effect and to prepare and issue a report during the 3-month period prior to the expiration of the award. Crew consist issue (other than for engine crews): The award remanded this issue to the parties for negotiations on a local basis on the indivdual properties. Either side was given the right to propose changes in the number of employees to be used in manning trains in certain classes of road service and in yard service. If the parties were unable to dispose of disputes by agreement, they could be submitted to a three-man special board of adjustment for final and binding decision. Guidelines, relating to safety of operation, workloads, etc., were specified by the Board to be considered in determining the crew size required on particular assign ments. Under the award, these special boards of adjustment would consist of a member selected by each party and a neutral member. If the parties fail to name partisan members, or if the partisan members fail to name a neutral member to complete the special board, the National Mediation Board is to appoint such members. Employees affected by changes in crew sizes (other than those on furlough on effective date of the award) retain their rights to service assignments to the extent of available positions, as provided in the award. |